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Federal Judge Dismisses New York Climate Superfund Claim, Raising Questions for Vermont’s Similar Law
By Drooid · · How we work
Legal Challenge to State Climate Superfund Laws
A federal judge appointed by former President Barack Obama ruled that New York’s Climate Superfund law, enacted in 2024, exceeds state jurisdiction because the Clean Air Act reserves such authority for the federal government. The decision, cited by the author, follows a pattern of courts rejecting state-level climate-damage lawsuits.
Similar Lawsuits in Other States
The article notes that comparable actions by New Jersey, New York City, San Francisco, Baltimore, Annapolis, and Charleston have all been dismissed. These precedents are presented as evidence that state attempts to compel “Big Oil” to pay for alleged climate harms are unlikely to succeed in federal court.
Vermont’s Climate Superfund Effort and Funding
Vermont adopted a parallel law, also called Act 122, in 2024. The statute allocated $300,000 to the Agency of Natural Resources for a dedicated employee and another $300,000 to the State Treasurer for consultants and third-party services. In 2025, the Agency and Treasurer’s office requested an additional $1.5 million; only $350,000 was approved. The author describes the spending as “taxpayer money” used for legal defense in the case United States v. Vermont, though the exact cost is undisclosed. The Vermont Attorney General’s office, led by Charity Clark (D-VT), has not released detailed figures.
Fiscal Implications and Legislative Outlook
It suggests that the first day of the 2027 legislative session should see a repeal of Act 122 to stop further expenditures on what the author characterizes as an “ideologically driven” project.
Commentary Perspective
The author frames the analysis as an opinion column, emphasizing skepticism about the legal strategy and the use of public funds. While the article presents factual details about the legislation, funding amounts, and court rulings, its conclusions reflect the writer’s critical stance toward state-level climate liability initiatives.
