Justice Department Files Motion for Summary Judgment in Challenge to New York’s “Climate Change Superfund Act”

The Justice Department’s Environment and Natural Resources Division (ENRD) today filed a motion for summary judgment in its challenge to the State of New York’s “Climate Change Superfund Act,” which imposes $75 billion in liability on foreign and domestic energy companies for their alleged past contributions to climate change. The complaint was filed in May, along with a complaint against the State of Vermont for its similar statute, to advance President Donald J. Trump’s executive order to protect American energy from state overreach.

As the Justice Department explains in its motion, “New York has declared war on those responsible for supplying our Nation with reliable and affordable energy, and it is trampling over federal law in the process.” Further, the motion says, “the Court should end New York’s lawless overreach by granting the United States’ motion for summary judgment, declaring the Superfund Act invalid and unenforceable, and permanently enjoining Defendants from taking any actions to implement or enforce it.”

“New York has overstepped its authority in trying to impose crippling financial penalties on the world’s largest energy providers,” said Acting Assistant Attorney General Adam Gustafson of ENRD. “Individual states have no authority to regulate nationwide and global greenhouse gas emissions. The courts must put a stop to New York’s brazen disregard of federal law, the Constitution, and binding precedent, not to mention our Nation’s energy needs.”

Chief of Staff and Senior Counsel John Adams and Counsel to the Assistant Attorney General Riley Walters of ENRD filed the motion.