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Constitutional Challenges State and Local Government Environmental Litigation

Pillsbury - Gravel2Gavel Construction & Real...

Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more

Goldberg Segalla

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

Goldberg Segalla on

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

Cozen O'Connor

Vermont’s Climate Superfund Law Draws Heated Challenge from GOP AGs

Cozen O'Connor on

A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more

Vinson & Elkins LLP

Trump Administration Sues New York and Vermont Over Climate Superfund Legislation

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On May 1, 2025, the federal government brought separate suits against both New York and Vermont alleging that these state’s “climate Superfund” statutes are unconstitutional on multiple grounds. In two nearly identical...more

Mintz

Trump Administration Files Preemptive Lawsuits Against Hawaii and Michigan to Block Climate Change Litigation

Mintz on

Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more

Mintz

Trump Issues Executive Order Targeting State Action on Climate Change

Mintz on

Earlier this month, President Trump issued an executive order that sought to target actions undertaken by individual U.S. states to combat climate change, for the stated purpose of ensuring “American energy dominance.”...more

Pillsbury Winthrop Shaw Pittman LLP

State Climate Laws and Litigation Face Federal Pushback Under New Executive Order

On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach​. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more

Pillsbury Winthrop Shaw Pittman LLP

The Battle Over Climate Superfund Laws: Legal Challenges in Vermont and New York

States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...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

Troutman Pepper Locke

22 AGs Challenge New York’s Climate Superfund Law

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A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...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

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

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On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more

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