Northeast
NY climate lawsuit is about grabbing green, not going green
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In an attempt to commit legislative thievery, New York Democrat Governor Kathy Hochul signed a bill into law on December 26 dubbed the “climate superfund” law.
The new state law assigns a handful of energy producers sole blame for climate change and imposes corresponding financial responsibility for damages alleged to have resulted from it in the past, or which may occur in the future. It compels the oil and gas companies to pay a shared $75 billion fine into a so-called “climate superfund.” New York was the second state to launch such a superfund. Vermont did so last July, and it is battling a legal challenge to its law filed on December 30.
A civil lawsuit challenging the New York law has also been filed in federal court on February 6 by state attorneys general, representing 22 states that will be harmed if New York’s law can extraterritorially limit energy production in those states. The states persuasively allege multiple counts of unconstitutional overreach.
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These climate superfund laws are, in effect, blue states’ attempt to find a new way to legislatively do what they’ve been prohibited from doing in court. Blue states and blue municipalities have been trying to convince courts that they have the power to invent new liabilities under the guise of public nuisance or consumer fraud based on contrived theories that torture the foundational limits of tort law. But they’re floundering in that arena. One by one, the courts are increasingly dismissing the adventure.
Nationwide climate lawsuits are targeting the energy industry but so far have failed. FILE: Pump jacks operate in front of a drilling rig in an oil field in Midland, Texas. (Reuters/Nick Oxford)
For example, on February 5, a New Jersey Superior Court dismissed New Jersey’s climate lawsuit against ExxonMobil, Chevron, ConocoPhillips, Phillips 66, Shell and the American Petroleum Institute, ruling that climate change claims are preempted by federal common law.
This adds to the downward momentum of climate change suits. Cases initiated by Baltimore, San Francisco/Oakland, New York City, and many others have been similarly dismissed. And scheduled for March 20, a District of Columbia suit against the energy companies will be heard in the D.C. Superior Court, considering the defendants’ motion to dismiss.
Don’t bet on the legislative efforts by New York, Vermont, and others following the climate superfund legislative model faring any better.
Like the failed climate cases, the superfund law is New York’s attempt to carve out climate policy that, under the Clean Air Act, is ground claimed by the federal government to the exclusion of the states. Federal law preempts attempts for the states to get involved in controlling transboundary pollution. On that basis alone, courts can enjoin state efforts when they meddle in an area preempted by federal legislation.
But there are plenty of other defects too. It’s easy to see the climate superfund law as cash-strapped New York’s blatant attempt to pick a select few out-of-state pockets to pay for a problem with innumerable contributors. Compelling a few energy producers to cough up hundreds of millions if not billions of dollars in what amount to fines, no matter how the fees are stylized, is quite simply excessive. And the Constitution’s Eighth Amendment prohibits the imposition of “excessive fines” and the U.S. Supreme Court has recently shown a propensity to give that clause real meaning and enforcement.
Fairness problems also come into play with these laws because they are retroactive — choosing the fund contributors based on past market share as a way to punish them for being successful at lawfully keeping our lights on, our homes warm and our economy running.
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The Fourteenth Amendment demands that state law shall not “deprive any person of life, liberty or property without due process of law,” and the courts make clear that due process does not exist when laws apply retroactively and punish past lawful conduct. These laws violate that guarantee precisely because they impose a penalty for activities that were perfectly legal.
Indeed, they remain legal today. New York has not chosen to outlaw energy production. It couldn’t get away with that. But it is perversely trying to have its cake and eat it too. Energy production is legal, you’ll just be fined if you continue to do it.
Like the failed climate cases, the superfund law is New York’s attempt to carve out climate policy that, under the Clean Air Act, is ground claimed by the federal government to the exclusion of the states.
Yet another legal infirmity that dooms these new climate superfund laws is that they dispense with the obligation to prove causation – another requirement before liability can attach if due process is to be maintained. Normally, a plaintiff has a burden to prove that the defendant committed a wrong and that the wrong is the proximate cause of the injury. And, the defendant’s liability is limited to that portion of an adverse effect that they caused and no more.
A few cannot be held responsible for the emissions of the world even assuming the state overcomes the first hurdle of proving that even these few had an illegal effect on the climate. You cannot simply legislate away fundamental fairness, reflected in our causation requirements, by imposing a penalty through the legislature that you could not impose through the justice system.
Courts adjudicating the challenges to the New York and Vermont laws, and other courts that will undoubtedly receive cases from the laws other follower states are bound to adopt, should stand firm on constitutional principles and invalidate these laws. Fleecing has never been a legitimate end of the state.
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Massachusetts
These 9 Towns in Massachusetts Have Beautiful Architecture
Massachusetts wears its history on every storefront, steeple, and weathered shingle. This is a state where you can sip coffee inside a 1700s tavern or wander past a witch trial-era home with a roof so steep it looks like it is still scowling at you. You will find Gothic chapels next to Gilded Age greenhouses, candy-colored downtowns, and lighthouses that have been guiding boats home since before your great-great-grandparents were born. These nine towns are the ones where the architecture really steals the show. Pack a camera, wear comfortable shoes, and prepare to crane your neck a lot, because in Massachusetts, the buildings have stories they are not shy to tell.
Newburyport
Newburyport sits on the northern coast of Massachusetts not far from the New Hampshire line, and with about 19,000 residents it splits the difference between small town and small city in a way that works in its favor. The architecture is classic New England through and through. Aged brick buildings line most of the town center, sharing the streets with locally run shops and restaurants that have grown roots over the decades. Market Square is the natural place to start exploring, and you can easily spend an afternoon there without checking your watch once.
The Newburyport Harbor Rear Range Light is a stop worth making, and it doubles as one of the more unusual dinner reservations in the state. Through the Lighthouse Preservation Society, parties can rent the tower and dine at the top with the harbor spread out below. The lighthouse has been a fixture of the town’s identity for generations, and it carries the kind of character that does not need any embellishment.
Rockport
Rockport sits at the northeastern tip of Cape Ann, north of Boston, and the harbor and wharves come alive once the warm weather arrives. Visitors browse the waterfront shops, watch the fishing boats unload, and grab a seat for fresh seafood with a view. The town hits every note you would expect from a New England fishing village, with a slow, easy pace reflected in the well-kept old buildings and homes scattered across the landscape.
One of the more underrated stops in Rockport is the Shalin Liu Performance Center. Its exterior leans into a colonial-era opera house aesthetic, while the inside is fitted out as a modern concert venue with a stage that frames a wall of windows looking out over the ocean. It is the kind of detail that sticks with you.
Williamstown
Williamstown sits in the far northwestern corner of the state. The population is only a few thousand, but the town punches well above its weight thanks to Williams College and a handful of architectural standouts that draw visitors year after year.
The range here is the appeal. Williams College anchors town with the Gothic stonework of Thompson Memorial Chapel, while just down the way the white clapboard First Congregational Church on Main Street offers the cleaner, more austere New England look. Both are easy to admire from the sidewalk and worth a closer look. When you have soaked up enough architecture, the Appalachian Trail and the renowned Clark Art Institute are right there to round out the day.
Northampton
Northampton is a town of about 30,000 sitting along the Connecticut River in western Massachusetts, and despite its modest size it carries one of the most active arts scenes in the state. The architectural standout is the Smith College Botanic Garden, a near two-story greenhouse built almost entirely of glass that throws back to the conservatory style of the late 19th century. It is striking from the outside and even better from within.
Smith College itself is hard to walk past without slowing down. The redbrick buildings trimmed in white feel definitively New England, and the Smith College Museum of Art has a Picasso in the collection for anyone who counts museum visits as part of the trip.
Pittsfield
Pittsfield is the largest city in the Berkshires, the long stretch of countryside running north to south through western Massachusetts and into Connecticut. The region is known for its rural beauty, especially in the fall, when the surrounding forests put on the kind of color show that books a hotel for you.
The town center is the right place to start if you want to take in the architecture. North Street holds a particularly good cluster of old theaters and art galleries that turn a casual stroll into a proper outing.
Make time for Hancock Shaker Village too. The living-history museum preserves a Shaker community that was founded in 1790 and remained active all the way to 1960, with original buildings, demonstrations, and exhibits that bring the lifestyle into focus.
New Bedford
Once a major center of the global whaling industry, New Bedford remains one of the most important fishing ports in the United States. Herman Melville shipped out from here on a whaling voyage in 1841, and the city’s maritime streets and landmarks ended up shaping the New Bedford scenes in Moby-Dick.
That long history is still etched into the cobblestone streets, gas lamps, and brick buildings, all of which wear their years without apology. The New Bedford Whaling National Historical Park is the obvious place to dig into the city’s past, with multiple sites and exhibits packed into a walkable downtown stretch.
For something a little less obvious, swing by St. Anthony of Padua Church. The Catholic parish is one of the most beautiful buildings in the city, and a strong contender for the prettiest in the state.
Amherst
Amherst sits in the Pioneer Valley of western Massachusetts and gets pegged as a college town more often than it deserves. Yes, it is a college town, but it is also full of the kind of history and architectural personality that has nothing to do with the campus crowd.
Amherst College is the obvious anchor. The campus dates back to the early 1800s and the architecture wears those years openly, leaning into a New England academic style that has aged remarkably well.
For a different angle on the town’s character, head over to the Emily Dickinson Museum. The poet’s childhood home is now a guided-tour attraction, and walking through the rooms and grounds delivers that quiet sense of slipping back into a slower era. It is small in scale but big on atmosphere.
Salem
Salem is best known for its role in the 1692 witch trials, when 20 people, men and women, were executed after being accused of witchcraft. The town has long since leaned into that legacy and now wraps it into a full Halloween season of festivals and events that build through October.
The downtown is more colorful than the dark reputation might suggest. Wooden storefronts get painted in whites, pinks, and reds, lifting the mood of the streets and giving the historic core a cheerful vibe.
For a deeper dose of the architecture, head to the Witch House (the Jonathan Corwin House, run by the City of Salem) and to the Custom House at Salem Maritime National Historical Park. The Witch House stands out from its colorful neighbors with its dark exterior, severely steep roof, and an overall look that does its job a little too well.
Chatham
Each summer, locals pour into Chatham to swap city noise for the town’s slower pace and a long stretch of beaches. Out on Cape Cod, Chatham holds up year-round, but it really hits its stride in warm weather.
The two main architectural draws are the Chatham Lighthouse and the Atwood Museum. The lighthouse stands tall and white along the town’s expansive beachfront, still guiding ships into safe waters and giving Chatham a steady piece of its identity.
The Atwood Museum is built around the Atwood House, a gambrel-roofed home from 1752 that has stayed largely intact, with electricity being the rare modern concession. Walking through gives you a real glimpse of what daily life looked like in rural New England all those generations ago.
Final Thoughts
New England, and especially Massachusetts, is one of the most history-rich parts of the United States. Its distinctly European style of architecture shows up in the brick buildings and landmarks across the state, giving it a charming and eclectic vibe that is hard to find anywhere else in the country.
New Hampshire
State investigation highlights communication lapses over proposed ICE facility in Merrimack
New Jersey
Newark man arrested in fatal New Jersey Chick-Fil-A shooting
A Newark man has been arrested and charged with murder after police said he opened fire in a New Jersey Chick-fil-A, killing a man and leaving six other people hurt.
Jaheed Fields was busted nearly three weeks after the shooting in the Union Township fast food shop, county prosecutor William Daniel announced Friday.
Fields, 20, was charged with one count of first-degree murder and six counts of attempted murder, as well as unlawful possession of a handgun and possession of a weapon for an unlawful purpose.
“The brazen nature of this incident, occurring in a crowded restaurant where people should feel safe, was an affront to our citizens and the security they deserve,” Daniel said.
“This arrest is a testament to the meticulous work and seamless coordination between all of the law enforcement agencies involved, and a reminder that Union County will never tolerate acts of lawlessness that threaten our residents.”
Officials did not reveal a motive for the shooting.
Fields allegedly fired several rounds inside the Chick-fil-A around 9 p.m. on April 11, with witnesses describing the scene as a “warzone.”
Malek Shepherd, 23, of New York City, was killed at the scene, police said.
Six other victims were taken to area hospitals and treated for non-life-threatening injuries.
Witnesses at the time said a group of masked men charged into the shop and fired multiple shots after forcing their way behind the counter.
It’s unclear if additional arrests were expected.
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