In a recent article for ESG Investor, environmental partner Peter Alpert explores the challenges facing New York State’s new climate ‘superfund’ law.
The law, aimed at making polluters pay for climate-related damages, has sparked significant debate and legal challenges, particularly from red state attorneys general. Alpert delves into the constitutional arguments against the law, such as those based on the commerce clause and preemption principles, and compares it to the federal Comprehensive Environmental Response, Compensation and Liability Act. He highlights the potential vulnerabilities of the climate superfund laws and underscores the need for a federal approach to climate compensation.
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