Department of Justice Challenges State Climate Superfund Laws, Impacting State Authority
In 2025, the Department of Justice (DOJ) filed lawsuits against New York and Vermont over their 'climate superfund' laws, which require fossil fuel companies to pay for climate damages. The DOJ argues these state laws are preempted by federal law and violate constitutional limits on state power. Additionally, the DOJ moved to block Hawaii and Michigan from pursuing their own climate-related cases against fossil fuel companies, reinforcing the claim that such actions fall under federal jurisdiction. Despite these federal challenges, states like California and Colorado continue to pursue litigation against major oil companies for climate-related damages. This legal landscape is part of a broader jurisdictional struggle over who governs climate action in the U.S., with states playing a significant role in implementing federal climate policies through funding mechanisms like the Inflation Reduction Act and the Bipartisan Infrastructure Law. 
