News & Analysis as of

Climate Change Comprehensive Environmental Response, Compensation and Liability Act

IR Global

The Importance of Expert Financial Opinions in Environmental Litigation

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Environmental litigation is evolving. Once dominated by scientific testimony and regulatory interpretation, it now demands financial clarity as well. From toxic torts and groundwater contamination to disputes over regulatory...more

Holland & Knight LLP

An Update on Climate Superfund Laws and Climate Change Lawsuits

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In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more

Goldberg Segalla

Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

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The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation - Updated 3.6.25

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On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Jenner & Block

Client Alert: New York Ushers in New Era of Climate Liability and Litigation with the Climate Change Superfund Act

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On February 6, 2025, twenty-two states and four energy industry organizations and businesses filed a lawsuit challenging New York’s “climate superfund” law. This law, signed on December 26, 2024 by New York Governor Kathy...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Fox Rothschild LLP

New York’s Climate Change Superfund Act: What You Need to Know

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On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,...more

Pillsbury Winthrop Shaw Pittman LLP

New ASTM Standard Aims to Facilitate Assessing Climate Risk and Resilience Considerations

Owners, lenders and investors in real property have long relied on ASTM E 1527-21, a product of ASTM International, in connection with Phase I Environmental Site Assessments. This product is used to establish that “all...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation

Vinson & Elkins LLP on

On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Foley Hoag LLP - Environmental Law

More on Climate Superfund Laws and Litigation

Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

ArentFox Schiff

Four Takeaways From New York’s New ‘Climate Superfund’ Law

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State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion...more

DarrowEverett LLP

The Future of U.S. Environmental Regulation: What to Expect in 2025

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While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as...more

Proskauer Rose LLP

A New Horizon: State Climate Superfund Laws

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On July 1, 2024, Vermont’s Climate Superfund Act (S 259) went into effect. The law, which is the first of its kind, imposes strict liability on fossil fuel extractors and crude oil refiners who are accountable for 1 billion...more

Foley Hoag LLP - Environmental Law

Vermont Enacts a "Climate Superfund Act" - Uh-Oh!

Last week, Vermont became the first state to enact a “Climate Superfund” law. As I noted in January, I fear that this will not end well. It seems odd to model a statute on a law frequently given the accolade – deserved, in my...more

Kilpatrick

Climate Change Comes for Remedial Measures – Planning for Corrective Action under Climate Threats and EPA Recent Guidance

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Four years ago, President Biden ran on an ambitious climate action agenda and the Biden/Harris Administration, from the first day in office, has a laser focus on tackling the “climate crisis,” On January 27, 2021, the...more

Foley Hoag LLP - Environmental Law

The Original Superfund Worked So Well; Let’s Replicate It to Deal with Climate Change!

As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are so pleased with how...more

Jones Day

U.S. EPA Announces New Climate-Focused Enforcement Strategy

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On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more

Williams Mullen

Biden and EPA Continue to Push Environmental Justice Using Cumulative Impacts

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President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

MG+M The Law Firm

EPA Proposes to Add Environmental Justice, Climate Change and PFAS to National Enforcement and Compliance Initiatives for FY...

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The Environmental Protection Agency (EPA) announced it is seeking public comment on its proposal to address environmental justice, climate change and per- and polyfluoroalkyl substances (PFAS) contamination in its National...more

Robinson+Cole Manufacturing Law Blog

2023 Environmental, Health, and Safety Outlook for Manufacturers

This week, we wrap up our forecast of annual trends with a focus on environmental, health, and safety issues that we expect many manufacturers may face this year. 1.  ESG Developments...more

Foley Hoag LLP - Energy & Climate Counsel

MassCEC and MA DOER Issue RFP for Energy Storage Market Update and Strategy Study

Earlier this month, the Massachusetts Clean Energy Center (MassCEC) and the Massachusetts Department of Energy Resources (DOER) issued a Request for Proposals for a consultant to conduct an energy storage market update and...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

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What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Planning for Resiliency and Sustainability in a Changing Climate: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) announced the publication of an April 2022 report titled: Planning for Resiliency and Sustainability in a Changing Climate (“Report”) ...more

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