Federal Judge Strikes Down NY’s $75B Climate Superfund Law
A federal judge in Syracuse dropped a legal anvil on New York's $75 billion climate shakedown yesterday, ruling that the state's Climate Change Superfund Act is preempted by federal law and cannot be enforced. It's a complete win for West Virginia AG J.B. McCuskey, the 21 other state AGs who joined him, and the industry groups that piled on. We've been following this one since Gov. Kathy Hochul signed the bill in the waning days of 2024 (see NY Gov. Hochul Goes Nuts: Signs Law Billing O&G Companies $75B). We laid out why the law was unconstitutional (see The Legal Case Against NY Law Taxing O&G $75B for Global Warming). In February 2025, McCuskey led 22 states into federal court to kill it (see WV Leads 22 States in Suing NY Over $75B Climate Superfund Law). Last summer, McCuskey went so far as to publish an op-ed in Hochul's backyard telling New York exactly where to stick it (see WV AG Fires New Warning Shot at New York Climate Law via NY Post).To view this content, log into your member account. (Not a member? Join Today!)