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ARTICLE · 19 OCTOBER 2026

Second Decision To Block New York Climate Change Superfund Act Issued

A federal judge has ruled New York's Climate Change Superfund Act unconstitutional, marking the second such decision in under a month. The ruling permanently enjoins enforcement of the law that sought to retroactively hold fossil fuel producers liable for $75 billion in climate adaptation costs based on historical emissions. This decision adds to growing legal uncertainty around state and local efforts to pursue climate damages through the court system.

United StatesEnvironment

For the second time in less than four weeks, a federal judge has ruled that New York’s Climate Change Superfund Act (“the Climate Act”) is unconstitutional. On September 23, 2026 in United States v. New York (SDNY), Senior District Judge P. Kevin Castel granted summary judgment for the federal government, permanently enjoining enforcement of the Climate Act. The case was one of a number of suits related to state and local efforts to obtain financial compensation from the fossil fuel industry for climate change-related harms. 

Enacted in December 2024, the Climate Act was intended to retroactively hold fossil fuel producers responsible for damages if their operations had resulted in more than a billion tons of emissions attributable to fossil fuels between 2000 and 2024. It sought to require them to pay a proportional share of a fixed $75 billion total in adaptation infrastructure project costs. The Climate Act was modeled after the 1980 Comprehensive Environmental Response,

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