DOJ Says NY Climate Superfund Law Still Unconstitutional After EPA Repeal

The federal government argues New York's law requiring polluters to pay for past emissions still violates the Constitution.

Apr. 8, 2026 at 4:28pm

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The Department of Justice told a federal court that the Environmental Protection Agency's repeal of the endangerment finding 'changes nothing' about the federal government's lawsuit challenging New York's climate superfund law. The DOJ argued the state law requiring polluters to pay for past greenhouse gas emissions still violates the Constitution by going beyond state authority, interfering in foreign affairs, and violating the Commerce Clause.

Why it matters

This case highlights the ongoing legal battles between states and the federal government over climate change policies. New York's law is seen as a novel approach to hold polluters accountable, but the DOJ claims it oversteps state authority and interferes with federal jurisdiction.

The details

In a court filing, the DOJ said New York's Climate Change Superfund Act, which requires polluters to pay for past greenhouse gas emissions, 'still flouts constitutional limits' even after the EPA repealed its endangerment finding that greenhouse gases endanger public health. The DOJ argues the state law violates the separation of powers, the Commerce Clause, and wrongly 'interferes' in foreign affairs.

  • The EPA repealed the endangerment finding in February 2026.
  • The DOJ filed its brief challenging the New York law on April 8, 2026.

The players

Department of Justice (DOJ)

The federal agency representing the United States government in the lawsuit against New York's climate superfund law.

Environmental Protection Agency (EPA)

The federal agency that repealed its previous endangerment finding that greenhouse gases endanger public health.

New York

The state that passed the Climate Change Superfund Act, which the DOJ is challenging as unconstitutional.

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What’s next

The federal court will now consider the DOJ's arguments and decide whether to uphold or strike down New York's climate superfund law.

The takeaway

This case highlights the ongoing legal battles between states and the federal government over climate change policies, with New York taking a novel approach to hold polluters accountable that the DOJ claims oversteps state authority.