Pending Litigation
United States v. New York, 1:25-cv-03656 (S.D.N.Y)
Chamber of Commerce v. James, No. 25-cv-01738 (S.D.N.Y)
West Virginia v. James, No. 25-cv-00168 (N.D.N.Y)
Litigation
10 V.S.A. ch. 24A (Climate Superfund Act)
Status: Enacted
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 PASSED
VERMONT
N.Y. Envtl. Conserv. Law § 76 (Climate Change Superfund Act)
Status: Enacted 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 PASSED
NEW YORK
S.B. 1187 (Make Polluters Pay Act) Status: Failed due to end of legislative session 6/28/2025 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 FAILED
Oregon
A.B. 1243, S.B. 684 (Polluters Pay Climate Superfund Act of 2025) Status: Pending, but appears to be unofficially on hold 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 INTRODUCED
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
S.B. 1790, H.B. 3594 (Extreme Weather Recovery Act) Status: Legislative session ended 5/31/2025; may be carried over to next session Covered Emissions: 1965 – Effective Date 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: Joint-and-several; strict Defense: None
Private Cause of Action Bill INTRODUCED
Illinois
S.B. 1652 (Climate Change Superfund Act) Status: Legislative session ended 5/2/2025; may be carried over to next 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 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
S.B. 1199, H.B. 6280 (An Act Creating a Climate Superfund) Status: Failed due to end of legislative session 6/4/2025 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
Connecticut
S. 3545, A. 4696 (Climate Superfund Act) Status: Pending 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
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: Establish committee to study costs of climate-related damages over next 20 and 50 years and consider cost-recovery mechanisms, including municipal bonding, insurance, legal action, and regulatory fees.
Climate Study Bill FAILED
New Hampshire
S.B. 1123, H.B. 2233 (Extreme Weather Relief Act) Status: Failed 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 FAILED
Virginia
H. 5424, S.B. 326 (Climate Superfund Act of 2025) Status: Failed Coverage Period: 1990 – 2024 Covered Emissions: Point in supply chain in which emissions are generated is unspecified. Minimum Emissions: 1 billion metric tons Fund Cap: TBD Liability: Strict; joint-and-several (affiliates)
Climate Superfund Bill FAILED
Rhode Island
S.B. 149, H.B. 128 (Responding to Emergency Needs from Extreme Weather) Status: Passed, but vetoed by Governor 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 FAILED
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
Status: Did not make it out of committee before legislative session ended 6/13/2025; may be carried over to next session. 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.
Defendants: New York AG James; Acting Commissioner Lefton (Department of Environmental Conservation); Acting Tax Commissioner Hiller (Department of Taxation and Finance)
Intervenor Defendants: West Harlem Environmental Action,; Black Farmers United-New York State; Citizens Campaign for the Environment; Catskill Mountainkeeper (all pending)
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.)
Status: Motion to intervene pending (objections to magistrate’s recommended denial pending); Plaintiff's motion for summary judgement due 10/31/25, response due 12/19/25, and reply due 1/30/26; State's motion for summary judgement due 12/19/25, response due 1/30/26 and reply due 2/27/26.
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.; State's answer filed 10/8/25 (no motion to dismiss filed).
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)
Intervenor Defendants: Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc. (pending)
Claims: Clean Air Act preemption; extraterritorial regulation; Commerce Clause (interstate & foreign); foreign affairs preemption
Status: Motion to Transfer Venue to N.D.N.Y. denied; New York’s request to file early summary judgment motion denied; U.S.’s motion for summary judgment pending, response due 10/27, reply due 11/19
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: State’s motion to dismiss for lack of jurisdiction and failure to state a claim pending, response filed 9/15/25, reply due 11/17/25; Intervenor-Defendants’ motion to dismiss for lack of jurisdiction and failure to state a claim pending; U.S. motion for summary judgement pending.
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
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: State’s motion to dismiss for failure to state a claim and lack of jurisdiction pending, responses filed 9/15/25, reply due 11/17/25; Intervenor-Defendants’ motion to dismiss for failure to state a claim and lack of jurisdiction pending, responses due 11/21/25, reply due 12/15/25; Plaintiffs’ and Intervenor-States motions for summary judgement pending.
Chamber of Commerce v. Moore
No. 24-cv-01513 (D. Vt.)
Litigation
