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NY climate lawsuit is about grabbing green, not going green

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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.  

EPA ADMINISTRATOR ROLLS BACK 31 BIDEN-ERA REGULATIONS

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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. 

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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.  

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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.  

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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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Rhode Island

50 kids who’ve survived cancer to walk the runway at annual RI gala

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50 kids who’ve survived cancer to walk the runway at annual RI gala


Next month, 50 kids from across New England will be dressed in their best as they walk the runway at this year’s Glimmer Gala.

It’s an evening for childhood cancer survivors to feel like celebrities.

“For them, not only do they get to feel like a normal kid doing a normal activity, but they get to feel larger than life,” said Alison Hornung, founder and CEO of the Glimmer of Hope Foundation. “I hear the kids go into their classrooms after and say, ‘I got to walk the runway show and I got to do a photo shoot.’”

Breanna Marie

Breanna Marie

That photo shoot and shopping spree are something each child, like 6-year-old Bella Berg from Lexington, gets to take part in.

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“For everything that they go through and that loss of identity, it really makes them feel like they’re beautiful and strong, inside and outside,” Hornung said.

The Glimmer of Hope Foundation started six years ago. It brings hope to families whose children are battling cancer. This year’s gala is expected to be their biggest yet, with at least 500 people expected to attend.

Breanna Marie

Breanna Marie

The goal is to give the kids confidence and make them feel special.

“They get to be alongside kids that are going through the same thing as them, so they don’t feel different,” said Hornung. “They just feel seen and understood.”

The Glimmer Gala takes place Saturday June 13 at the Rhode Island Convention Center. Click here for more.

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Vermont

Vermont high school sports scores, results, stats for Saturday, May 2

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Vermont high school sports scores, results, stats for Saturday, May 2


The 2026 Vermont high school spring season has begun. See below for scores, schedules and game details (statistical leaders, game notes) from baseball, softball, lacrosse, tennis, track and field and Ultimate.

TO REPORT SCORES

Coaches or team representatives are asked to report results ASAP after games by emailing sports@burlingtonfreepress.com. Please submit with a name/contact number.

►Contact Alex Abrami at aabrami@freepressmedia.com. Follow him on X, formerly known as Twitter: @aabrami5.

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 Contact Judith Altneu at JAltneu@usatodayco.com. Follow her on X, formerly known as Twitter: @Judith_Altneu.

SATURDAY’S H.S. GAMES

Baseball

Games at 11 a.m. unless noted

Champlain Valley at South Burlington 2 p.m.

Harwood at Montpelier, 2 p.m.

Essex at Mount Mansfield

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BFA-Fairfax at Milton, 3 p.m.

Mount Abraham at Otter Valley, 3 p.m.

Missisquoi at Spaulding

Richford at Vergennes, 3 p.m.

Hazen at Lamoille, 2 p.m.

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Randolph at Lake Region

Peoples at Lyndon, 2:30 p.m.

North Country at Oxbow, 3 p.m.

U-32 at Thetford

Blue Mountain at Caledonia United

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Softball

U-32 12, Thetford 5

U: Megan Pittsley (WP, CG, 6H, 5R, 12K, 1BB). Ava Batdorff (2-for-4, 3 RBIs). Addison Coleman (2-for-3, 2B, 3 RBIs). Avery Burke (2B).

T: Chloe Caper (LP, CG, 7H, 7R, 5K, 8BB). Greta Johnson (HR). Brookle Chaffee (2B). Ellea Osgood (2-for-4, 2 RBIs). Austin Powers (2-for-2).

Note: U-32 scored six runs in the top of the seventh inning to seal the win.

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Paine Mountain at Craftsbury

Blue Mountain at Danville

St. Johnsbury at Lyndon

Champlain Valley at South Burlington, 2 p.m.

Milton at BFA-Fairfax, 3 p.m.

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Randolph at Lake Region

Essex at Mount Mansfield

Harwood at Rice, 2:30 p.m.

North Country at Oxbow, 3 p.m. 

Vergennes at Spaulding, 3 p.m.

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Mount Abraham at Otter Valley, 4:30 p.m. 

Girls lacrosse

Middlebury at U-32, 11 a.m.

Essex at Mount Abraham/Vergennes, 2:30 p.m.

Mount Anthony at St. Johnsbury, 4:30 p.m.

Boys lacrosse 

Games at 11 a.m. unless noted 

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Essex at BFA-St. Albans

Woodstock at Middlebury

Mount Mansfield at Champlain Valley

Rice at South Burlington 

Stowe at Harwood, 1 p.m. 

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Mount Anthony at St. Johnsbury, 4:30 p.m. 

Girls tennis

Mount Mansfield at Burlington

South Burlington at Colchester

Champlain Valley at Essex

Boys tennis

Essex at Champlain Valley

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North Country at Mount Mansfield

South Burlington at Stowe

Girls Ultimate

Matches at 4 p.m.

St. Johnsbury at Burlington 

Burr and Burton at South Burlington

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Mount Mansfield at Champlain Valley

Middlebury at Milton

Track and field

Twilight Meet at South Burlington

Windsor Invitational

MONDAY’S H.S. GAMES

Baseball

Games at 4:30 p.m. unless noted

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Vergennes at Mount Abraham

Lyndon at Lamoille

Softball

Games at 4:30 p.m. unless noted

Vergennes at Mount Abraham 

Lyndon at Lamoille 

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Colchester at Burr and Burton

Girls lacrosse 

Games at 4:30 p.m. unless noted 

Mount Mansfield at Mount Abraham/Vergennes

Lamoille at Stowe

Spaulding at St. Johnsbury

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Boys lacrosse 

Games at 4:30 p.m. unless noted 

Harwood at Mount Mansfield

Otter Valley at BFA-Fairfax

Stowe at Lyndon

Colchester at Spaulding

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St. Johnsbury at Hartford, 6:30 p.m. 

Boys Ultimate

Matches at 4 p.m.

Burlington at Middlebury

Essex at Milton 

St. Johnsbury at South Burlington 

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Montpelier at Champlain Valley

(Subject to change)





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New York

Can a Second-Home Tax Work in New York? The Numbers Don’t Add Up Yet.

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Can a Second-Home Tax Work in New York? The Numbers Don’t Add Up Yet.

A push to tax multimillion-dollar second homes in New York City has been billed by Gov. Kathy Hochul and Mayor Zohran Mamdani as a civic mandate for the ultrawealthy to contribute more to society.

But as leaders in the State Capitol seek to incorporate the tax proposal into the state budget, the lofty rhetoric has been undermined by confusing information flowing from Ms. Hochul’s office about how such a tax would work.

The problems start with the numbers and the math.

To raise $500 million for the city, Ms. Hochul initially said the so-called pied-à-terre tax would apply to 13,000 homes, a number that her staff pulled from a 2023 report by the city comptroller. Now, aides to Ms. Hochul are saying that the 13,000 figure was an early estimate requiring more analysis and was subject to change.

The governor’s team had first said the tax would be based on second homes with an assessed value of $5 million or more. But there is very little correlation between a property’s assessed value — a specific and complex measure calculated as part of the property valuation process — and actual market value.

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The city does not use sales comparisons or recent listings to value condos and co-ops. Under a state law passed in the 1980s, the city is required to compare the units to rentals of similar size and age, assessed on the potential income that rental might bring in. There are not great rental comparisons for the highest-end condos and co-ops, dragging down their assessments; in some cases, these condo buildings are even compared to rental buildings with rent-regulated units.

An analysis of city records conducted by Marketproof, a real estate data analysis firm, found just three residential properties in New York City with assessed values of $5 million or more.

One of the three was the notoriously expensive penthouse bought in 2019 by the billionaire financier Kenneth Griffin for $238 million.Its assessed value, according to city records, is just under $7 million. Another condo, on the 57th floor of another Midtown luxury building, sold in December for more than $21 million, but it has an assessed value of around $1.3 million.

Jennifer Goodman, a spokeswoman for the governor, declined to offer specifics about the pied-à-terre tax proposal, saying this week that they were still being negotiated. The governor’s office said that they had wrongly described at first how the tax might work, and it is not going to be based solely on the assessed value of properties.

Instead, Ms. Goodman said, apartments subject to the tax would be determined by “a model that captures properties worth over $5 million through the use of various mechanisms such as comparable sales data where applicable.”

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That raises another set of problems, as there is no official and consistent measure of how much properties in New York City may actually be worth on the market.

Building that kind of information is possible, but has not typically been done before by the city, said Kael Goodman, the president and chief executive of Marketproof.

“To get from doable on a technical basis, to doable on a practical basis — those two things are not the same,” Mr. Goodman said.

To demonstrate how such a tax could work, Marketproof created its own model analyzing more than 1.14 million tax parcels. Since there’s currently no official way to tell if a particular unit is a pied-à-terre, the company used a proxy: the subset of properties where the property tax bill was sent to a different address, indicating the owner didn’t live in the unit.

Then it looked at transactions recorded in city property records to find the units with market values over $5 million.

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Marketproof estimates about 6,380 properties would be affected.

That analysis shows that certain well-known features of the city skyline, many clustered around Central Park — Central Park Tower, 432 Park Avenue, One57, 220 Central Park South, 15 Central Park West — would be potentially subject to the tax surcharge, representing huge sources of revenue for the city. The 280 units in just those five buildings might owe more than $100 million in taxes annually.

Still, it may be challenging to make this all work. Unlike many suburban cities and neighborhoods, where it is relatively easy to find the market value of single-family homes based on comparable sales on any given street, it’s difficult to compare values across condos and co-ops.

“That would be crossing a gap not previously crossed,” Mr. Goodman said. “That would be opening up a conversation among property owners that previous government officials have been unable to have a successful conversation about. They’ve just been unsuccessful in doing it because it’s way too complicated.”

It’s not clear whether the state or the city would have the capacity to come up with these valuations every year, and how public officials would deal with the expected legal challenges to any valuations.

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A report about the tax released on Thursday by the New York City comptroller, Mark Levine, found that the city Finance Department would most likely have to audit property owners’ claims about who lives or doesn’t live in any apartment. The report noted that “lapses” in the auditing capacity and accuracy “would reduce revenues and multiply taxpayers’ appeals and lawsuits.”

The report also said that it might be difficult to categorize condos and co-ops that were owned by out-of-towners but were being rented out to city residents, or units that were owned by limited liability companies or trusts, among other potential pitfalls.

“Each of these decisions can shift collections by tens of millions of dollars,” the report said.

So far, those details remain murky, even with senior city administration officials meet daily with state leaders, according to City Hall.

A senior aide to the governor said that state officials were not overly concerned about the complexities of determining market values. Negotiations were continuing over how much of the specific methodology would be written into the legislation, or decided later by the city.

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A bigger concern, the aide said, was how officials would determine whether any given property was being used as a second home.

The negotiations come as Mr. Mamdani and other elected officials clamor for Ms. Hochul to increase taxes to fund an expanded safety net and help the city close a multibillion-dollar deficit. A coalition of powerful unions, including several that endorsed the governor’s re-election campaign, has also signed on, sending a letter last week to her and legislative leaders pleading for tax hikes on the wealthy.

On Tuesday, Mr. Mamdani and his sometimes political adversary, Council Speaker Julie Menin, said they would delay announcing an update to the city budget so they could jointly push for the state to reduce a tax credit that primarily benefits wealthy business owners, which they said could end up raising a billion dollars in revenue for the city.

Both this plan and the second-home tax proposal would need to be included in the state budget, which is still be negotiated and is now a month overdue. Ms. Hochul remains committed to the tax on second homes, but appeared unlikely to support other new taxes.

“Hochul is running out of excuses to not tax the rich in her final budget,” said Grace Mausser, a co-chair of the New York chapter of the Democratic Socialists of America.

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The D.S.A. is a close ally of Mr. Mamdani, who is a member, and both have aggressively called on the city’s wealthiest businesses and residents to shoulder a heavier burden. They have even named specific billionaires like Mr. Griffin, who they say are a drain on the city and its finances.

Mr. Griffin, who has spent close to $95 million on real estate purchases in the city since the beginning of 2025, pushed back on these assertions, saying his companies and activity creates tens of thousands of jobs for the city.

“You can win political points by making an example of Ken Griffin, and they seem to have done that. Kudos to them for winning some political points,” Mr. Goodman said. “But achieving the tax goals is a different thing.”

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