Earlier this month, the U.S. District Court for the Northern District of New York denied a motion by several environmental organizations seeking to intervene in a multistate constitutional challenge to New York’s Climate Change Superfund Act (“CCSA” or the “Act”) – a landmark 2024 statute designed to recover climate adaptation costs from major fossil fuel producers. The statute (N.Y. Env’t Conservation Law §§ 76-0101, et seq.) has drawn national attention as one of the more aggressive state-level attempts to assign financial responsibility for climate impacts.  For background on the CCSA, see my Special Alert post. Read More »

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On October 3, 2025 a three judge panel for the Second Circuit ruled that Exxon Mobil Corporation, BP P.L.C., Shell Oil Company, and the American Petroleum Institute (“API”) must pay New York City (“the City”)’s attorneys’ fees and costs for advancing “absurd” arguments in opposing the City’s motion to remand to state court its suit for deceptive practices connected to climate change. City of New York v. Exxon Mobil Corp., No. 24-1568-CV (2d Cir. Oct. 3, 2025). This decision demonstrates that while parties may, at times, find success in advancing arguments that have been rejected by other courts, there are risks to advancing such arguments, including the risk of sanctions. Read More »

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