Coalitions of Republican-led states, industry associations led by the U.S. Chamber of Commerce, and, most recently, the U.S. Department of Justice are testing “climate superfund” laws that aim to recover billions from carbon majors for climate adaptation costs.
Coalitions of Republican-led states, industry associations led by the U.S. Chamber of Commerce, and, most recently, the U.S. Department of Justice are testing “climate superfund” laws that aim to recover billions from carbon majors for climate adaptation costs. Recent rulings in lawsuits challenging the New York and Vermont statutes have split cases across courts and reached opposite outcomes on intervention: In New York, cases are being split between the Northern and Southern Districts and intervention efforts by nonprofits have been blocked, while in Vermont, the district court has allowed environmental organizations to join the defense of the statutes in two cases.
Southern District of New York Splits the Cases
On September 8, Judge Mary Kay Vyskocil ordered transfer of the Chamber of Commerce’s suit - joined by the American Petroleum Institute, the National Mining Association, and the Business Council of New York State - to the Northern District. The court found the case “substantially similar” to West Virginia v. James, the coalition suit brought by 22 states and four industry groups, and concluded that efficiency and consistency favored transfer under both 28 U.S.C. 1404(a) and the first-filed rule.
Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com