The federal district court for the Southern District of New York denied a motion by New York State, Governor Kathy Hochul, Attorney General Letitia James, and Commissioner of the New York State Department of Environmental Conservation Amanda Lefton to transfer the action filed by the United States and the U.S. Environmental Protection Agency challenging New York’s Climate Change Superfund Act to the Northern District of New York, where an earlier challenge to the law had been filed by 22 states, along with trade associations and a mining company. The district court found that the “balance of convenience” exception provided a basis for departing from the presumption that the first-filed suit should have priority, noting that “great deference” was due to the U.S.’s selection of forum since other factors did not “tip decidedly” in one direction. The court also granted the U.S.’s request that it set a schedule for summary judgment motion.

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

United States v. New York

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

S.D.N.Y. Declined to Transfer U.S.’s Challenge to New York Climate Superfund Act to N.D.N.Y.; Court Agreed to Set Summary Judgment Briefing Schedule

Filed

United States of America

New York

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

This sector involves the wholesale and retail selling of goods.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

S.D.N.Y. Declined to Transfer U.S.’s Challenge to New York Climate Superfund Act to N.D.N.Y.; Court Agreed to Set Summary Judgment Briefing Schedule

Policy instrument

Fossil fuel

Economic sector