News & Analysis as of

State and Local Government Fossil Fuel Constitutional Challenges

Foley Hoag LLP - Energy & Climate Counsel

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more

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

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

Jones Day

Trump Issues Orders to Block State Climate Laws

Jones Day on

On April 8, 2025, President Trump issued a series of executive orders directing the federal government to analyze state-level climate policies targeting fossil fuel consumption and environmental regulations. This action...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation - Updated 3.6.25

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

Troutman Pepper Locke

22 AGs Challenge New York’s Climate Superfund Law

Troutman Pepper Locke on

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

Mintz

Red State AGs Sue New York State in Challenge to Climate Change Superfund Act

Mintz on

In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #2

U.S. to Give Eight Nations Oil Waivers Under Iran Sanctions, Official Says - "The U.S. has agreed to let eight countries - including Japan, India and South Korea - keep buying Iranian oil after it reimposes sanctions on the...more

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