A Second Judge Strikes Down New York’s Climate ‘Superfund’ Law

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Published: 2026-09-24T14:18:07.417Z • Permanent link

New York State's ambitious climate 'superfund' law, aimed at forcing fossil fuel companies to pay $75 billion to help cover the costs of climate change, has taken an unexpected turn. On September 21, a federal judge in Brooklyn ruled that the law was unconstitutional, casting a shadow over the efforts of the Biden administration to address the growing crisis of climate change. This ruling comes on the heels of a similar decision made by a federal judge in Texas, which blocked a similar law in that state.

At the forefront of the lawsuit against the New York law was the American Petroleum Institute (API), a trade group representing major oil and gas companies. The API had argued that the law was an unconstitutional overreach of state power, and that it would unfairly burden the industry. The judge in Brooklyn agreed, ruling that the law was in violation of the federal system of checks and balances.

Meanwhile, Governor Kathy Hochul of New York has vowed to appeal the decision, and to continue pushing for the passage of the climate law. She has stated that the ruling is a setback, but not a defeat, and that she remains committed to reducing greenhouse gas emissions and protecting the environment. The decision has sparked a heated debate about the role of government in addressing climate change, and the limits of state power.

The implications of this ruling are far-reaching, and could have significant consequences for the research community, policymakers, and the fossil fuel industry. The climate law, which was set to take effect on January 1, 2024, would have required major oil and gas companies to pay $75 billion to help cover the costs of climate change. This funding would have been used to support clean energy projects, reduce emissions, and transition to a low-carbon economy.

The impact on affected companies, such as ExxonMobil and Chevron, will be significant. These companies have been accused of contributing to climate change through their operations, and the ruling could make it more difficult for them to avoid taking responsibility for their actions. The decision could also have a chilling effect on research communities, which have been working to develop new technologies and strategies for reducing emissions. If the ruling sets a precedent for other states to follow, it could stifle innovation and hinder efforts to address the climate crisis.

This ruling is part of a larger pattern of pushback against climate regulations from the fossil fuel industry. In recent years, there have been numerous lawsuits filed by industry groups and companies against climate laws and regulations, often arguing that they are unconstitutional or an overreach of state power. The American Petroleum Institute has been at the forefront of this effort, using its resources and influence to block climate legislation at the state and federal levels.