Pending Litigation
United States v. New York, 1:25-cv-03656 (S.D.N.Y)
West Virginia v. James, No. 25-cv-00168 (N.D.N.Y.) (lead case in consolidation with Chamber of Commerce v. James, No. 25-cv-01307)
Litigation
10 V.S.A. ch. 24A (Climate Superfund Act)
Status: Enacted; cost assessment report due Jan. 15, 2027; proposed rules due July 1, 2027; rule adoption due Jan. 1, 2028; cost demands begin 6 months after adoption of rules (approx. July 2028) Payments: at least 20% due 6 months after demand; annual payments of 10% over 9 years thereafter
Coverage Period: 1995 – 2024
Covered Emissions: Emissions generated from “use” of fossil fuels extracted or refined by responsible party.
Minimum Emissions: >1 billion metric tons
Fund Cap: TBD(due Jan. 2027)
Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill ENACTED
VERMONT
N.Y. Envtl. Conserv. Law § 76 (Climate Change Superfund Act)
Status: Enacted; rules due June 2027; cost recovery demands begin June 30, 2028 Payments: 8% due at first payment; annual payments over 24 years thereafter Coverage Period: 2000 – 2024 Covered Emissions: Emissions attributable to extraction or refining by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: $75 billion Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill ENACTED
NEW YORK
S.B. 1541 (Make Polluters Pay Act) Status: 2025 bill (S.B. 1187) failed; text reintroduced in current session; referred to committee Coverage Period: 1995 – 2024 Covered Emissions: Emissions generated from “use” of fossil fuels extracted or refined by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
Oregon
A.B. 1243, S.B. 684 (Polluters Pay Climate Superfund Act of 2025) Status: AB1235 failed; SB684 likely failed Coverage Period: 1990–2024 Covered Emissions: Emissions at any point in the supply chain Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill POSSIBLY FAILED
California
S.B. 0702, H.B. 0716 (Climate Resiliency Fund Act) Status: Legislative session ended 4/25/2025; S.B. 0702 may be carried over to next session; H.B. 0716 failed Coverage Period: 1995 – 2025 Covered Emissions: Emissions generated from “use” of fossil fuels extracted or refined by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill POSSIBLY FAILED
Tennessee
Private Cause of Action Bill INTRODUCED
Illinois
S.B. 1652 (Climate Change Superfund Act) Status: Carried from 2025 legislation; re-referred to committees on Agriculture & Environment, Ways & Means, and Judiciary. Coverage Period: 2000 – 2018 Covered Emissions: Emissions at any point in the supply chain. Minimum Emissions: >1 billion metric tons Fund Cap: $10 billion Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
Hawaii
HP 1209/LD 1808, SP 740/LD 1870 (Maine Climate Superfund Act) Status: HP 1209 failed; SP 740 carried over to next legislative session. Coverage Period: 1995 – 2024 Covered Emissions: Emissions generated from “use” of fossil fuels extracted or refined by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
Maine
S. 588, H. 1014 (Climate Change Adaptation Cost Recovery Act) Status: Pending Coverage Period: 1995 – 2024 Covered Emissions: Emissions generated from “use” of fossil fuels extracted by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
H.B 5156 (An Act Creating a Climate Superfund) Status: 2025 bills (S.B. 1199 and H.B. 6280) failed; text reintroduced in 2026 session Coverage Period: 1995 – 2024 Covered Emissions: Emissions generated from extraction, storage, production, 48 refinement, transport, manufacture, distribution, sale and use of fossil fuels Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
Connecticut
S. 2338, A. 3735 (Climate Superfund Act) Status: After S. 3545 (2025) and A. 4696 (2025) died in committee, the bills were reintroduced in the 2026 legislative session as S. 2388 on 01/13/26; Referred to Senate Environment and Energy Committee and Assembly Environment and Solid Waste Committee. And A3735 on 1/13/26, which was referred to the Assembly Environment and Solid Waste Committee. Coverage Period: 1995 through “the last day of the calendar year during which this act takes effect” Covered Emissions: Emissions generated from “use” of fossil fuels extracted or refined by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
New Jersey
H.B. 106 (An Act Establishing a Commission to Study the Financial Costs of Damage Caused by Climate Damage to New Hampshire and the Best Methods for Recouping Such Costs) Status: Failed Coverage Period: None Covered Emissions: None Minimum Emissions: None Directive: Establishes a commission to study projected climate-related damages over 20- and 50-year horizons and evaluate potential cost-recovery mechanisms, including municipal bonding, insurance, litigation, and regulatory fees.
Climate Study Bill FAILED
New Hampshire
S.B. 420 (Extreme Weather Taxpayer Protection Program and Fund ) Status: 2025 bills (S.B. 1123 and H.B. 2233) failed; 2026 bill (S.B. 420) failed Coverage Period: 1995 – 2025 Covered Emissions: Emissions attributable to extraction or refining by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill FAILED
Virginia
H. 7004 (Climate Superfund Act of 2026) Status: 2025 bills (H. 5424, S.B. 326) failed; text reintroduced as H. 7004; pending assignment to committee. Coverage Period: 2000 – 2025 Covered Emissions: Emissions attributable to extraction or refining by responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
Rhode Island
S.B. 149, H.B. 128 (Climate Change Adaptation and Mitigation – Total Assessed Cost of Greenhouse 3 Gas Emissions – Study and ReportsResponding) Status: Enacted over governor veto; cost assessment report due Dec. 1, 2026 Coverage Period: 1995 – 2024 Covered Emissions: Any emissions by fossil fuel companies; includes global emissions. Minimum Emissions: >1 billion metric tons Directive: Study financial burdens of GHG emissions; calculate mitigation costs; recommend whether to pass onto emitters.
Climate Study Bill ENACTED
Maryland
Massachusetts
S.B. 222 (Affordable Insurance and Climate Recovery Act) Status: Presented to Assembly 1/26/26 Presented to Assembly 1/26/26 Covered Emissions: 1965 – Present Minimum Emissions: None Minimum Damages: $10,000 Recoverable Damages: Includes (1) property and personal damages arising from a climate disaster; (2) restitution; and (3) litigation costs. Statute of Limitations: 3 years Liability: Joint-and-several; strict Defense: None
Private Right of Action Bill INTRODUCED
S. 4799, A. 72 (Climate Liability for Fossil Fuel Related Activity)
Status: Did not make it out of committee before legislative session ended 6/13/2025; both were re-referred to committee on 1/7/2026. Covered Emissions: 1989–Effective Date Minimum Emissions: 1 billion metric tons Minimum Damages: None Recoverable Damages: Not specified Statute of Limitations: Not specified Liability: Not specified Defense: Implementation of policies to prevent pollution and avoid false or misleading environmental or sustainability claims
Private Right of Action Bill INTRODUCED
United States v. Vermont, 2:25-cv-00463 (D. Vt.)
Chamber of Commerce v. Moore, No. 24-cv-01513 (D. Vt.)
Litigation
S. 25, H.R. 1135 (Polluters Pay Climate Fund Act of 2025) Status: Pending Coverage Period: 2000–2024 Covered Emissions: Emissions attributable to extraction or refining by responsible party. Minimum Emissions: 1 billion metric tons Fund Cap: $1 trillion Liability: Joint-and-several (all parties)
Climate Superfund Bill INTRODUCED
FEDERAL
Federal
Legislation
Plaintiffs: 22 State AGs (led by West Virginia); West Virginia Coal Association; Gas and Oil Association of West Virginia, Inc.; America's Coal Associations; Alpha Matallurgical Resources, Inc. Chambers (Consolidated) Plaintiffs: U.S. Chamber of Commerce; American Petroleum Institute; National Mining Association; The Business Council of New York State, Inc.
Defendants: New York AG James; Acting Commissioner Lefton (Department of Environmental Conservation); Acting Tax Commissioner Hiller (Department of Taxation and Finance)
Intervenor Defendants: Denied Amici: West Harlem Environmental Action, Inc., Black Farmers United-New York State, Inc., Citizens Campaign for the Environment, Catskill Mountainkeeper, U.S. Sen. Whitehouse, U.S. Sen. Gillibrand, City of New York
Claims: federal preemption; Clean Air Act preemption; Commerce Clause; Due Process Clause (U.S. 14th Amendment & N.Y.); Equal Protection Clause; Excessive Fines Clause; Takings Clause (U.S. & N.Y.); Commerce Clause
Status: Chamber of Commerce v. James, No. 25-cv-01307 (N.D.N.Y.) transferred to N.D.N.Y. from S.D.N.Y. and consolidated with West Virginia v. James; NGOs’ Motion to Intervene denied; West Virginia and Chamber Plaintiffs’ motions for partial summary judgment pending (fully briefed); New York’s cross-motion for summary judgment pending, reply due 3/13/26
Litigation
West Virginia v. James
No. 25-cv-00168 (N.D.N.Y.) (lead case in consolidation with Chamber of Commerce v. James, No. 25-cv-01307)
Plaintiffs: U.S. Chamber of Commerce; American Petroleum Institute; National Mining Association; Business Council of New York State
Defendants: New York AG James; Interim Commissioner Mahar (Department of Environmental Conservation)
Intervenors: None
Claims: federal preclusion; Clean Air Act preemption; Due Process Clause (14th Amendment); Commerce Clause; Excessive Fines Clause; Takings Clause
Status: Transferred to N.D.N.Y. from S.D.N.Y. and consolidated with West Virginia v. James
Chamber of Commerce v. James
No. 25-cv-01307 (N.D.N.Y.) (consolidated with West Virginia v. James, No. 25-cv-00168)
Litigation
Plaintiffs: U.S.; U.S. EPA
Defendants: State of New York; Gov. Hochul; New York AG James; Acting Commissioner Lefton (Department of Environmental Conservation)
Intervention: Request to Intervene Denied; Amicus Brief accepted: Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc.
Claims: Clean Air Act preemption; extraterritorial regulation; Commerce Clause (interstate & foreign); foreign affairs preemption
Status: New York’s Motion to Transfer Venue to N.D.N.Y. denied; New York’s request to file early cross-motion for summary judgment denied; U.S.’s motion for summary judgment pending (fully briefed)
United States v. New York
1:25-cv-03656 (S.D.N.Y.)
Litigation
Plaintiffs: U.S.; U.S. EPA
Defendants: State of Vermont; Governor Scott; Secretary Moore (Agency of Natural Resources); Director Lazorchak (Agency of Natural Resources Climate Action Office)
Intervenor Defendants: Northeast Organic Farming Association of Vermont and Conservation Law Foundation
Claims: Clean Air Act preemption; extraterritorial regulation; Commerce Clause (interstate & foreign); foreign affairs preemption
Status: Vermont’s motion to dismiss for lack of jurisdiction and failure to state a claim pending (fully briefed); NGO Intervenors’ motion to dismiss for lack of jurisdiction and failure to state a claim pending (fully briefed); U.S.’s motion for summary judgment pending (fully briefed); Vermont’s cross-motion for summary judgment pending (fully briefed); hearing on motions set for March 30, 2026 at 10:00 a.m.
United States v. Vermont
2:25-cv-00463 (D. Vt.)
Litigation
Plaintiffs: U.S. Chamber of Commerce; American Petroleum Institute
Defendants: Secretary Moore (Agency of Natural Resources); Director Lazorchak (Agency of Natural Resources Climate Action Office)
Intervenor Plaintiffs: 24 State AGs, led by West Virginia
Intervenor Defendants: Northeast Organic Farming Association of Vermont; Conservation Law Foundation
Amici: Joseph Stiglitz, Vermont Public Interest Research Group
Claims: federal preemption; Clean Air Act preemption; Commerce Clause; Due Process Clause (U.S. 14th Amendment & VT); Equal Protection Clause; Common Benefits Clause (VT); Excessive Fines Clause; Takings Clause (U.S. & VT); Separation-of-Powers Clause (VT)
Status: Vermont’s motion to dismiss for failure to state a claim and lack of jurisdiction pending (fully briefed); NGO Intervenors’ motion to dismiss for failure to state a claim and lack of jurisdiction pending (fully briefed); Plaintiffs Chambers/API, and Intervenor-States’ motions for summary judgment pending (fully briefed); Vermont’s cross-motion for summary judgment pending (fully briefed); NGO Intervenors’ cross-motion for summary judgment pending (fully briefed); hearing on motions set for March 30, 2026 at 10:00 a.m.
Chamber of Commerce v. Moore
No. 24-cv-01513 (D. Vt.)
Litigation
S.B. 1790, H.B. 3594 (Extreme Weather Recovery Act) Status: Legislative session ended 5/31/2025; may be carried over to next session Coverage Period: 1965 – Effective Date Injury: “The connection of a climate disaster, extreme weather attributable to climate change, or harms resulting from long-term changes to the climate system to alleged injuries shall be deemed an injury in fact for all residents of, and visitors to, Illinois.” Minimum Damages: $10,000 Recoverable Damages: Noneconomic, compensatory (including (1) the fair market value of recovering, rebuilding, or remediating lost, damaged, or destroyed property and (2) the cost of personal injuries, including medical care, mental and behavioral health treatment, pain and suffering, and emotional distress), and punitive damages Statute of Limitations: 3 years Liability: Strict; joint-and-several Defense: Intentional destruction of property or worsening of damage or gross negligence by the harmed party
Climate Superfund Bill INTRODUCED
S.B. 2981 (Climate Change Superfund Act) Status: Referred to Senate Assignments Committee 01/29/26 Coverage Period: 2000-2024 Covered Emissions: Emissions generated from “use” of fossil fuels or petroleum products extracted or refined by the responsible party. Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict
S.B. 982 (Affordable Insurance and Climate Recovery Act) Status: 2025 bill failed; text reintroduced in current legislative session Enforcement Mechanism: Attorney General may bring civil actions against covered fossil fuel companies to recover insurance-related climate costs Damages: Homeowners’ insurance premium increases and other insurance costs attributed to extreme weather and climate disasters, including California Fair Access to Insurance Requirements (FAIR) Plan assessments, borrowed funds and interest, and policyholder costs such as higher premiums, reduced coverage, insurer withdrawal, or reliance on surplus-lines insurance Responsible Parties: Large fossil fuel companies (≥ $500 million average annual revenue across parent entity and all affiliates) engaged in fossil fuel extraction, production, or manufacturing, or wholesale sales of fossil fuel products, with sufficient contacts with California Liability: Strict Use of Funds: Priority distribution to (1) policyholder restitution and claims administration, (2) repayment of FAIR Plan losses and state infrastructure bank loans, (3) California Safe Homes grants for resilience and insurability improvements, and (4) litigation costs and attorneys’ fees
Climate Insurance Bill INTRODUCED
S.B. 3000, H.B. 2226 (Relating to Insurance) Status: Pending; in committee Enforcement Mechanism: Attorney General may bring civil actions to recover insurance-related climate losses; the Hawaii Property Insurance Association, Hawaii Hurricane Relief Fund, and any private insurer licensed in the state are also authorized to bring civil actions to recover their own climate costs and losses Damages: Insurance-related losses attributed to climate disasters, including losses incurred by insurers and state-backed insurance funds, policyholder premium increases, higher costs of coverage through nonadmitted insurers, insurer withdrawals, reduced coverage availability, market withdrawal, and real property fortification measures necessary to obtain or maintain affordable insurance; restitution; disgorgement; attorney’s fees Responsible Parties: Large fossil fuel companies (≥ $500 million three-year average annual revenue across parent and affiliates) engaged in the extraction, production, manufacture, marketing, or sale of fossil fuel products, with sufficient contacts with Hawaii Liability: Strict Use of Funds: Not specified
Climate Insurance Bill INTRODUCED
S. 8585 (Recovery for Climate Disaster Losses) Status: Pending; in committee Enforcement Mechanism: Attorney General may bring civil actions to recover insurance-related climate disaster losses; insurers and the residual market association are also authorized to bring civil actions Damages: Insurance-related losses attributed to climate disasters, including premium surcharges or increases and costs incurred by policyholders, insureds, or taxpayers arising from disruption of the property and casualty insurance market; restitution or disgorgement of profits; attorney’s fees Responsible Parties: Large fossil fuel companies (≥ $500 million three-year average annual revenue across parent and affiliates) engaged in the extraction, production, manufacture, marketing, or sale of fossil fuel products, with sufficient contacts with New York Liability: Strict Use of Funds: Not specified
Climate Insurance Bill INTRODUCED
SF 4126 (Greenhouse Gas Pollution Superfund Act) Status: Referred to Environment, Climate, and Legacy Committee 03/04/26 Coverage Period: 1995-2026 Covered Emissions: Emissions resulting from the use of fossil fuels extracted or refined by the responsible party Minimum Emissions: >1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill INTRODUCED
Minnesota