A federal judge just killed New York's $75 billion climate bill for polluters that would have charged fossil fuel companies for climate damages

On Monday, an Obama-appointed federal judge ruled that New York State could not enforce its 2024 Climate Change Superfund Act, a landmark law that would have charged fossil fuel companies $75 billion over 25 years for climate damages from cumulative greenhouse gas emissions.

In a 63-page opinion, Chief Judge Brenda Sannes of the U.S. District Court for the Northern District of New York sided with 22 Republican state attorneys general, as well as industry groups including the U.S. Chamber of Commerce, American Petroleum Institute, and National Mining Association, saying the state’s “sprawling” superfund act was preempted by the federal Clean Air Act and outside the jurisdiction of New York.

“The Climate Act is an unusual and sweeping statute, designed to address the effects of climate change–a ‘uniquely international problem of national concern’,” Sannes wrote. “Thus, the Court finds the Climate Act is ‘simply beyond the limits of state law.’” Her decision follows a July hearing where Sannes sharply questioned whether she was constrained by an earlier 2021 decision in which New York sued five fossil fuel groups for climate damages from climate change, such as sea level rise. Her August 31 opinion relied heavily on this case.