Federal judge strikes down the Climate Change Superfund Act: NDNY Chief Judge Sannes rules the $75B polluter-pays law is preempted by the Clean Air Act; Hochul says the state is "looking" at "options of appeal"
On Monday Aug. 31, Chief U.S. District Judge Brenda Sannes (N.D.N.Y.) granted summary judgment to 22 Republican-led states, the American Petroleum Institute, the U.S. Chamber and the Business Council of New York State, holding that the Climate Change Superfund Act (signed by Hochul Dec. 26, 2024; $75B over 25 years from fossil-fuel companies) operates in an area where federal interest is so dominant it cannot be enforced, relying on the 2nd Circuit's 2021 City of New York v. Chevron ruling. Hochul told reporters the state is "looking" at its "options of appeal"; her energy adviser Ken Lovett said taxpayers should not foot the bill for polluters and the decision is under review. Sponsor Sen. Liz Krueger said the AG "needs to appeal" and that losing shifts roughly $75B in planned resilience costs to taxpayers. The Business Council and Upstate United called the law an overreach; DOJ's Adam Gustafson said the ruling delivers on Trump's April 2025 order against state "overreach." A separate DOJ suit against the law is pending in S.D.N.Y., a Vermont challenge is pending, and the Supreme Court hears Suncor v. Boulder County in October on the same preemption question. Any appeal goes to the 2nd Circuit. Backfill: ruling landed Aug. 31, reported Sept. 1, missed by the Sept. 1–3 runs.