State “Climate Superfund” Laws and Related Legal Issues

Join us for a distinguished panel discussion on state “climate superfund” laws, including Vermont’s Climate Superfund Act (2024), and New York’s Climate Change Superfund Act (2024). These laws impose strict liability on fossil fuel companies for climate change damages allegedly resulting from use of their products. At least 7 other states are considering similar legislation.

The panel will examine legal issues raised by these laws, including—

• preemption under the Clean Air Act or federal common law;
• the ability of states to premise liability on out-of-state emissions;
• the constitutional implications of retroactive liability;
• comparison to traditional superfunds for environmental remediation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); and
• the potential for double liability from ongoing greenhouse gas tort litigation.