Written on: September 5, 2026
From the National Propane Gas Association Bobtail
This week, the U.S. District Court for the Northern District of New York struck down the state’s Climate Change Superfund Act and declared it illegal. The Court stated that the New York law was preempted by the Clean Air Act and other federal powers.
In 2024, New York enacted the Climate Change Superfund Act to charge billions of dollars in financial penalties to responsible parties, include companies that extract, refine and process fossil fuels, that emitted more than one billion metric tons of greenhouse gas emissions between 2000 and 2018. The funds would then be used on “climate change adaptive infrastructure projects” to increase infrastructure resilience and safety.
Notably, many other states have also introduced climate superfund bills to charge companies for their historic emissions, including California, Illinois, Massachusetts, Oregon, and Virginia. Vermont’s bill, which was signed into law in 2024, is the subject of ongoing litigation.
New York officials have yet to announce whether or not they will appeal the ruling. For more information, contact NPGA’s Senior Director of State Advocacy & Affairs, Jacob Peterson, at jpeterson@npga.org.
