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Second Federal Court Strikes Down New York Climate Superfund Act

Original: Second Federal Court Strikes Down New York’s Climate Change Superfund Act

A second federal court has ruled against New York's Climate Change Superfund Act, the law requiring large fossil fuel companies to pay into a fund covering climate adaptation costs. The decision deepens the legal uncertainty around the statute, which had already faced a earlier federal court challenge, and raises questions about whether states can hold energy producers financially liable for past emissions.

Why now: The second adverse federal ruling is a significant new setback for one of the country's most aggressive state climate liability laws.

New YorkClimate Change Superfund ActSidley Austin

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