Albany, NY (Aug. 31) – Today the U.S. District Court for the Northern District of New York struck down the state’s landmark “polluter pays” Climate Change Superfund Act, which was signed into law in 2024. The law would acquire billions of dollars from the fossil fuel industry to fund the costs of the state adapting to a changing climate and recovering from climate change-fueled weather disasters. It was designed for fossil fuel producers to contribute $75 billion over 25 years, with payments pegged to historical emissions of those companies’ products.

In response, Food & Water Watch’s Senior Staff Attorney Erin Doran issued the following statement:

“This misguided court decision is a minor detour on the road to successfully holding egregious fossil fuel polluters accountable for the deepening climate chaos they have helped to create. New Yorkers are footing a massive and growing bill for climate adaptation and mitigation to keep communities safe from deadly floods, fires and heat waves. Big Oil must pay its fair share, relieving the burden from everyday New Yorkers who are suffering the consequences of this industry’s decades of recklessness.

“We are grateful to Attorney General James for defending this law and we urge her to continue to fight for the Climate Change Superfund Act by appealing this unfortunate decision.”