The federal district court for the Southern District of New York denied a motion by six nonprofit organizations to intervene to defend New York’s Climate Change Superfund Act in the lawsuit brought by the United States and the U.S. Environmental Protection Agency to challenge the Act’s constitutionality. The six organizations were Food & Water Watch, West Harlem Environmental Action, Inc., Citizens Campaign for the Environment, Catskill Mountainkeeper, Fridays For Future NYC, and Third Act Initiative, Inc. The organizations—which sought permissive intervention—described themselves as “devoted to addressing various aspects of the climate crisis, including adaptation, resilience, and corporate accountability,” and noted that some of proposed intervenors had played a “key role” in securing the Act’s passage. They argued that their participation as intervenors would “significantly contribute” to the “just and equitable adjudication of the legal questions presented,” given their “unique perspectives and deep experience with the challenged legislation and the issues it is designed to address.” The court found that the organizations’ “strong interest” in upholding the law was “well protected by the State’s strong interest in defending the statute,” and that the addition of the organizations as parties risked causing undue delay. The court granted the organizations leave to file an amici curiae brief. 

Action brought by the United States asserting that New York's Climate Change Superfund Act is unconstitutional and unenforceable.

United States v. New York

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Federal Court Denied Organizations’ Request to Intervene as Defendants in U.S. Challenge to New York Climate Change Superfund Act

Filed

United States of America

New York

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