United States: Climate Change

A federal judge has ruled New York's Climate Change Superfund Act unconstitutional, marking the second such decision in under a month. The ruling permanently enjoins enforcement of the law that sought to retroactively hold fossil fuel producers liable for $75 billion in climate adaptation costs based on historical emissions. This decision adds to growing legal uncertainty around state and local efforts to pursue climate damages through the court system.

Two federal courts have invalidated New York’s Climate Change Superfund Act on preemption grounds, foreclosing the state’s plan to collect $75 billion from fossil fuel companies for climate adaptation projects and signaling how a similar challenge to Vermont’s climate superfund law may be resolved.

California's water professionals work tirelessly to ensure safe and reliable water, wastewater, and recycled water services across the state, especially as the region faces a hotter, drier climate with extreme weather events. This recognition highlights the essential expertise and dedication these professionals bring to their communities while encouraging the next generation to consider rewarding careers in the water industry.

California has filed suit against the EPA challenging its unprecedented reclassification of four long-standing Clean Air Act preemption waivers from adjudicatory orders to "rules" subject to Congressional Review Act scrutiny. A federal court recently granted California a preliminary injunction, rejecting EPA's authority to retroactively relabel these finalized actions and ordering restoration of their original status.

A federal court has struck down New York's ambitious Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies for climate adaptation projects. The ruling addresses whether states can impose liability on energy producers for greenhouse gas emissions and establishes important precedent for similar legislative efforts nationwide. The decision raises critical questions about the balance between state authority and federal preemption in climate policy.

The Washington Supreme Court's invalidation of Initiative 2066 removes uncertainty over the state's climate legislation targeting natural gas phase-out. Businesses and consumers involved in natural gas use, sales, or distribution must now navigate legislative mandates aimed at eliminating Washington's reliance on fossil fuels. The decision upholds ambitious decarbonization measures affecting utilities, building codes, and industrial processes across the state.

Recent North Dakota court rulings have struck down state laws allowing carbon capture and storage operators to force nonconsenting landowners to provide pore space through amalgamation procedures, finding these mechanisms constitute unconstitutional takings. As California develops its own CCS regulatory framework, these decisions offer critical lessons for designing legally durable unitization mechanisms that can withstand constitutional challenges while keeping projects viable.

The Texas Environmental Superconference convened leading regulators, industry representatives, and environmental practitioners to examine critical developments in environmental and natural resources law. What are the most pressing issues facing environmental policy today, from data centers and water management to climate transition and enforcement strategies?

This comprehensive alert examines the most significant environmental policy developments across Latin America from April to June 2026, covering major legislative reforms, conservation initiatives, and international cooperation efforts. From Chile's expansion of marine reserves to Mexico's proposed overhaul of environmental law, and Colombia's pioneering conference on fossil fuel elimination, the report analyzes how governments are reshaping environmental governance. The alert provides critical insights into