Second federal judge strikes down NY's Climate Superfund Act: SDNY's Castel rules for DOJ in a separate suit that also targets Vermont's parallel law
U.S. District Judge P. Kevin Castel (S.D.N.Y.) granted DOJ summary judgment on Sept. 24, 2026 in United States v. State of New York (1:25-cv-03656), permanently enjoining enforcement of the Climate Change Superfund Act. This is a second, separate ruling from the Aug. 31 decision by NDNY Chief Judge Sannes in West Virginia v. James (the 22-state suit): Castel's case is DOJ's own direct challenge, filed alongside a parallel DOJ suit against Vermont's climate-superfund law. Castel found the law preempted on two grounds: Clean Air Act preemption (monetary liability tied to greenhouse-gas emissions functions as regulation requiring uniform federal standards) and foreign-affairs preemption (the law's worldwide emissions calculations intrude on federal authority over international climate diplomacy). No sign yet of a notice of appeal in this case; the state's appeal posture in the Sannes case (Rule 54(b) request pending as of Sept. 18) is unaffected but the double defeat strengthens the case for DOJ/plaintiffs on any appeal.