September 12, 2026 8:14 am

Federal Judge Strikes Down New York’s $75B Climate Damage Law

New York's fossil fuel law, aiming to create a $75 billion climate fund, was struck down by a federal judge.
New York's plan to charge fossil-fuel producers for climate change damages is struck down in court

Judge Halts New York’s $75 Billion Climate Fund Initiative

In a significant legal decision, a federal judge has blocked New York’s ambitious plan to levy a $75 billion fund aimed at addressing climate change impacts, deeming it beyond the state’s jurisdiction and encroaching on federal territory.

The legislation, enacted in 2024 by Governor Kathy Hochul, sought to impose financial responsibility on fossil fuel industries for environmental damages. However, it faced legal challenges from a coalition including the U.S. Chamber of Commerce, 22 Republican state attorneys general, and the Environmental Protection Agency (EPA).

U.S. District Judge Brenda Sannes ruled that the state law attempted to regulate an area traditionally governed by federal law, conflicting with the Clean Air Act that assigns the EPA as the primary authority over greenhouse gas emissions.

Judge Sannes further noted that trying to hold foreign fossil fuel producers accountable was unconstitutional due to the foreign affairs doctrine, which limits states from interfering in international matters.

Environmental advocates have called on Governor Hochul’s administration to appeal the ruling. A spokesperson emphasized the stance that the financial burden of environmental damage should not fall on taxpayers, and the administration is currently evaluating its options.

During President Donald Trump’s administration, similar state laws in Michigan, Hawaii, and Vermont faced challenges, with Trump declaring a “national energy emergency” and directing the Department of Justice to combat state overreach in energy regulation.

The Department of Justice, in response to the New York ruling, reiterated its commitment to preventing state interference with federal energy policies. Deputy Assistant Attorney General Adam Gustafson stated that the New York law contravened both federal law and American foreign policy, especially during an energy crisis.

The contested New York law aimed to collect $3 billion annually for 25 years from major greenhouse gas emitters, funding infrastructure projects designed to mitigate future climate change impacts, such as coastal restoration and infrastructure upgrades.

State legislators had envisioned the fund as a mechanism to hold large oil and gas companies accountable for damages caused by extreme weather, focusing on emissions between 2000 and 2018.

For further updates, follow Marc Levy on Twitter: http://twitter.com/timelywriter.

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