New York Climate Superfund Law Faces Heated Opposition from Republican AGs

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  • A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged contributions to greenhouse gas emissions.
  • The complaint alleges that the Act is preempted by the Supremacy Clause and the Clean Air Act and violates the Commerce Clause, state and federal Due Process Clauses, the Equal Protection Clause, the Eighth Amendment’s Excessive Fines Clause, and state and federal Takings Clauses.
  • The lawsuit seeks equitable, declaratory, and injunctive relief, and attorney’s fees and costs, among other things.
  • We have previously reported on Vermont’s lawsuit against fossil fuel companies alleging that they used deceptive and unfair practices in marketing fossil fuels in violation of state consumer protection laws.
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