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 Adaptation Cost Recovery Program)
Status: Enacted; rules due June 2027; cost recovery demands begin June 30, 2028 Payments: 8% due at first payment; annual payments over 23 years thereafter Coverage Period: 2000–2024 Covered Emissions: Emissions attributable to worldwide 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 (Climate Resilience Superfund Bill) Status: 2025 bill (S.B. 1187) failed; reintroduced in 2026 session and failed to advance Coverage Period: 1995–2024 Covered Emissions: Emissions released during the covered period from the “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 FAILED
Oregon
A.B. 1243, S.B. 684 (Polluters Pay Climate Superfund Act of 2025) Status: AB1235 failed; SB684 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 FAILED
California
S.B. 2008, H.B. 1850 (Climate Resiliency Fund Act) Status: Introduced in 2025 session and failed for lack of Subcommittee motion; reintroduced in substantially the same form in 2026 but did not advance through committee before the end of the legislative session 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 FAILED
Tennessee
Private Cause of Action Bill FAILED
Illinois
S.B. 1652 (Climate Change Superfund Act) Status: Failed to advance through committee during the 2026 legislative session 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 FAILED
Hawaii
SP 740/LD 1870 (Resolve, to Assess the Total Cost to the State of Greenhouse Gas Emissions) Status: Signed by Governor on April 16, 2026; cost assessment report due Jan. 1, 2028 Study Coverage Period: 1995–2024 Directive: Assess costs that have been incurred and are projected to be incurred by the State due to the emission of greenhouse gases Study Budget: $600,000
Climate Study Bill ENACTED
Maine
S. 588, H. 1014 (Climate Change Adaptation Cost Recovery Act) Status: Pending in the Environment and Natural Resource Committees 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; HB 5156 failed to advance during 2026 legislative session Coverage Period: 1992–2024 Covered Emissions: Emissions resulting from extraction, storage, production, 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 FAILED
Connecticut
S. 2338, A. 3735 (Polluters Pay to Make New Jersey More Affordable Act) Status: 2025 bills (S. 3545 and A. 4696) failed in committee; text has been reintroduced as S. 2388 and A. 3735; currently in the Assembly Commerce and Economic Development Committee and the Senate Budget and Appropriations 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 Determine the Monetary Costs Climate Damage to the State of New Hampshire and the Best Means for Recouping Such Costs) Status: Failed Coverage Period: None Covered Emissions: None Minimum Emissions: None Directive: Would establish 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 failed in Agriculture, Conservation and Natural Resources Committee 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, S 2024 (Climate Superfund Act of 2026) Status: 2025 bills (H. 5424, S.B. 326) failed; text reintroduced in 2026 as H.7004 and S.2024; pending in committee and recommended for further study 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
Budget: $600,000
Climate Study Bill ENACTED
Maryland
Massachusetts
S.B. 222 (Affordable Insurance and Climate Recovery Act) Status: Failed 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 FAILED
S. 4799, A. 72 (Climate Liability for Fossil Fuel Related Activity)
Status: Did not make it out of committee before legislative session ended June 13, 2025; both were re-referred to committee on Jan. 7, 2026, and neither advanced before the 2026 legislative session ended Coverage Period: 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 FAILED
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 in committee 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 reply filed; surreply filed
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 held March 30
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 held March 30
Chamber of Commerce v. Moore
No. 24-cv-01513 (D. Vt.)
Litigation
S.B. 1790, H.B. 3594 (Extreme Weather Recovery Act) Status: 2025 bill failed; reintroduced in 2026 and failed to advance out of committee 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 FAILED
S.B. 2981, H.B. 4773 (Climate Change Superfund Act) Status: Did advance out of committee before 2026 legislative session ended 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 2026 legislative session, passed Senate Judiciary Committee but failed in Senate Insurance Committee 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 FAILED
SB 1166 (Insurers Extreme Weather Claims Bill)) Status: Failed Enforcement Mechanism: Authorizes Hawaii Property Insurance Association, Hawaii Hurricane Relief Fund, and private property/casualty insurers to seek reimbursement for insurance payouts tied to extreme weather and climate-related losses Damages: Insurance claim payments, adjustment costs, mitigation expenses, litigation costs, attorneys’ fees Responsible Parties: Engaged in misleading and deceptive practices about the connection between fossil fuel products and climate change and extreme weather events Liability: Strict; joint and several Use of Funds: Offset climate-related insurance losses and stabilize Hawaii’s property insurance market
Climate Insurance Bill FAILED
S. 8585, A9279 (Climate Accountability and Loss Recovery Act) Status: Pending; in Insurance Committees 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, HF3945 (Greenhouse Gas Pollution Superfund Act) Status: Failed 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 FAILED
Minnesota
FAILED
S.4340 (Stop Climate Shakedown Act of 2026) Status: Currently in Senate Judiciary Committee Directive: To dismiss pending actions against energy industry to implement or enforce an energy penalty law, preempt state regulation of greenhouse gas emissions and climate change, and provide that there is no private right of action under any state law with respect to climate change related harms from greenhouse gas emissions
Anti-Climate Superfund Bill INTRODUCED