N.Y. Federal Judge Rules State Climate Change Act Unconstitutional, Preempted

( September 29, 2026, 11:09 AM EDT) -- NEW YORK — In contrast to decisions of two other federal judges who ruled that the United States lacked standing to challenge anticipated state climate change lawsuits, a New York federal judge held that the government has standing to assert core claims that the state’s Climate Change Superfund Act “impinges on its sovereign authority” to create and enforce laws relating to greenhouse gas emissions and “to declare and promote its interests in foreign affairs” in ruling that the act is unconstitutional and preempted by the Clean Air Act (CAA) and the foreign affairs doctrine....