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Sep 02, 2026
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Federal Judge Blocks New York’s $75 B Climate Damage Fund

New York’s ambitious climate‑damage fund was halted this week by a federal judge, marking a significant win for the Trump administration’s ongoing effort to curb state‑level energy regulations that it deems overreaching.

Judge’s ruling

U.S. District Judge Brenda Sannes issued a decision stating that the 2024 law, signed by Governor Kathy Hochul, intrudes on a domain that has been governed by federal law for more than a century. The statute sought to collect $75 billion from fossil‑fuel producers worldwide to fund infrastructure projects aimed at repairing or preventing climate‑related damage.

Judge Sannes wrote that the law conflicts with the need for a uniform national energy and environmental policy and exceeds the authority granted to states under the Clean Air Act, which designates the Environmental Protection Agency as the primary regulator of greenhouse‑gas emissions.

Foreign‑affairs preemption

The ruling also addressed the portion of the law that attempted to seek damages from foreign fossil‑fuel companies. The judge found that such actions are preempted by the foreign‑affairs doctrine, rendering that portion of the statute unconstitutional.

Trump administration’s response

The Department of Justice, acting on President Donald Trump’s earlier declaration of a national energy emergency, praised the decision. In a statement, the DOJ said it is “delivering on President Trump’s order to protect American energy from state overreach.” Principal Deputy Assistant Attorney General Adam Gustafson added that New York’s law would have “expropriated $75 billion from energy companies around the world during an energy emergency and in direct defiance of American foreign policy and federal law.”

State’s reaction

Governor Hochul’s office, while disappointed, indicated that it will review the decision and consider an appeal. A spokesperson emphasized that “taxpayers shouldn’t have to foot the bill for damages caused by polluters,” underscoring the administration’s commitment to holding polluters accountable.

Background of the law

The legislation required the largest emitters of greenhouse gases between 2000 and 2018 to contribute $3 billion annually for 25 years. Funds were earmarked for projects such as coastal wetland restoration, road and bridge upgrades, and improved water‑drainage systems—efforts intended to bolster community resilience against extreme weather events.

Supporters argued that the fund would help offset the growing costs of climate‑related disasters, while opponents, including the U.S. Chamber of Commerce, 22 Republican state attorneys general, and the EPA, contended that the law overstepped state authority and interfered with federal jurisdiction.

Implications

The decision reinforces the Trump administration’s broader strategy of challenging state climate initiatives that it views as infringing on federal energy policy. Earlier, the administration contested similar laws in Michigan, Hawaii, and Vermont, citing the same national‑energy‑emergency authority.

Legal experts note that the ruling may set a precedent for future challenges to state‑level climate legislation, potentially limiting the ability of states to impose financial penalties on polluters without clear congressional authorization.

What’s next?

New York officials have not yet indicated a timeline for an appeal, but the state is expected to explore other avenues for addressing climate impacts, possibly through federal grant programs or private‑sector partnerships.

For residents of New York, the decision means that the $75 billion fund will not materialize as originally planned, leaving communities to rely on existing federal and local resources to address climate resilience.


Original reporting: Alexandria, VA News – WTOP News — read the source article.

OBBM Network Editorial Staff

[email protected]

Editorial team behind OBBM Network — independent, hyper-local journalism syndicated through HyperLocalLoop and OBBM Network TV.

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