Northeast
NY climate lawsuit is about grabbing green, not going green
NEWYou can now listen to Fox News articles!
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.
EPA ADMINISTRATOR ROLLS BACK 31 BIDEN-ERA REGULATIONS
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.
CLICK HERE FOR MORE FOX NEWS OPINION
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.
Read the full article from Here
Boston, MA
Boston City Council starts new term with turbulence
A chaotic carousel is turning at Boston City Hall.
One week has passed since City Councilor Liz Breadon, who represents District 9, was elected president following a last-minute candidacy.
“It’s been a very rock start,” said District 2 City Councilor Ed Flynn.
“It’s really important, today, that we move forward,” said City Councilor Sharon Durkan of District 8.
Breadon claiming the gavel was aided by a late-night meeting from Durkan and District 5 City Councilor Enrique Pepén, who came to Breadon’s home hours before the vote asking her to be a compromise candidate.
In November, District 1 City Councilor Gabriela Coletta Zapata claimed to have the votes needed to become council president, but she faced a challenge from City Councilor Brian Worrell of District 4.
Coletta Zapata bowed out of the race the night before the vote.
“This city council election for presidency divided the council,” said Flynn. “Many people thought of all the 13 city councilors, the most talented and well-respected was Brian Worrell.”
“You actually saw it all play out in real time on the council floor,” said Durkan. “A lot’s been made about the visit that I made to Councilor Braden’s house. It really, I just thought she would make a good president, and when I was unable to reach her on the phone, I just thought, ‘Why not.’”
Questions have also swirled about whether Boston Mayor Michelle Wu played a role in Breadon’s candidacy.
“My choice for president has always been about what I think is good for the city, but it’s true, what’s good for the city council and what’s good for the mayor is good for the city,” said Durkan.
That back-and-forth spilled into the weekend. On Friday, Breadon told NBC10 Boston’s @Issue that she would choose Coletta Zapata as her vice president. But on Saturday, she said Coletta Zapata wanted to be chair of government operations instead, and that Worrell would be vice president.
Sunday night, Worrell said he would decline the role, and on Monday, Coletta Zapata said she had accepted it.
“I look forward to a city council that’s ready to work, together, for our city,” Coletta Zapata said via text message.
Breadon echoed those sentiments on @Issue.
“It behooves me to really engage with my colleagues and try and heal the wounds and move forward as a solid body,” she said.
The Boston City Council does not have a scheduled meeting until Jan. 28 as committee assignments for the term are finalized.
Pittsburg, PA
Pittsburgh Steelers release inactive list for Texans playoff game, including two young players
PITTSBURGH — The Pittsburgh Steelers have released their inactive list for the Houston Texans, and it has no surprises on it with the team fully healthy.
Running back Kaleb Johnson and wide receiver Roman Wilson remain inactive. The Steelers gave both chances to prove what they could do, but they have been inactive for the last few weeks after the team shortened its rotation.
Meanwhile, offensive lineman Jack Driscoll remains inactive. Driscoll is the ninth offensive linemen on the roster, and the team is fully healthy at that position, meaning that he will not play.
Quarterback Will Howard remains the emergency third quarterback. Since returning from injured reserve earlier this season, Howard has remained in that spot behind Mason Rudolph and Aaron Rodgers.
Cornerback Tre Flowers was elevated off the practice squad but is inactive. The Steelers did the same thing last year when wide receivers Scotty Miller and Jamal Agnew.
Flowers played in one game for the Steelers this year before being released and re-signed to the practice squad.
Lastly, the have made outside linebacker Jeremiah Moon and interior defensive lineman Logan Lee inactive. Moon was signed off the Panthers practice squad once T.J. Watt was injured. Lee had been active over the last few weeks when the Steelers faced run heavy teams.
Connecticut
Wells Fargo workers at Connecticut branch reject union
- Key insight: The failed effort to unionize a Wells Fargo branch in Wallingford, Connecticut, comes one month after six workers at the branch listed their grievances in a letter to CEO Charlie Scharf.
- Supporting data: Union organizers have notched wins in elections at 28 Wells Fargo branches nationwide. Following the Connecticut vote, the bank has beaten back unionization pushes at three branches.
- Forward look: Bargaining talks are under way at 21 Wells Fargo branches, with negotiations at a 22nd branch scheduled to begin next month.
Processing Content
In December, six workers at
But when the vote was held on Jan. 7, the tally was 6-2 against unionization, according to the National Labor Relations Board.
“We’re pleased with the outcome of the election,” a Wells spokesperson said in an email. “We believe that the decision by employees at our North Colony branch reflects their trust in our continued commitment to fostering a workplace where employees feel supported and valued.”
Union organizers provided a statement from Max Saldanha, an associate personal banker at
“While the results are disappointing, it is without a doubt that
The Connecticut election is the third instance of
Since late 2023, union organizers have notched victories in elections at 28
So far, none of the bargaining units have reached a contract with
Union officials have filed more than 35 unfair labor practice charges against the bank. The allegations of bad behavior, which Wells has denied, range from
Wells has said that it respects the right of its employees to unionize, but believes they are best served by working directly with the company’s leadership.
Contract negotiations are now under way at 21 Wells branches, and the bank says talks at an additional location are scheduled to start next month. Wells said that its representatives have spent more than 90 days at the bargaining table to reach acceptable terms for its employees.
Both sides of the talks have focused much of their efforts on a branch in Albuquerque, New Mexico, which in December 2023 became the first Wells branch to vote in favor of a union. Union organizers have designated the Albuquerque bargaining unit as their national lead.
The 90 days that the bank has spent at the bargaining table are spread across more than 20 branches, noted Nick Weiner, an organizer at the union-backed Committee for Better Banks, which is leading the unionization push at
“We regret that
“We are making progress, and our bargaining teams are energized to get to a first contract. And we think we can get there, but
In response to the argument that
“So we’re just following NLRB process,” Wetzel said.
-
Detroit, MI1 week ago2 hospitalized after shooting on Lodge Freeway in Detroit
-
Technology6 days agoPower bank feature creep is out of control
-
Dallas, TX4 days agoAnti-ICE protest outside Dallas City Hall follows deadly shooting in Minneapolis
-
Delaware4 days agoMERR responds to dead humpback whale washed up near Bethany Beach
-
Dallas, TX1 week agoDefensive coordinator candidates who could improve Cowboys’ brutal secondary in 2026
-
Montana2 days agoService door of Crans-Montana bar where 40 died in fire was locked from inside, owner says
-
Iowa6 days agoPat McAfee praises Audi Crooks, plays hype song for Iowa State star
-
Virginia2 days agoVirginia Tech gains commitment from ACC transfer QB