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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.  

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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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Connecticut

Justice Department sues Connecticut and Arizona as part of effort to get voter data from the states

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Justice Department sues Connecticut and Arizona as part of effort to get voter data from the states


HARTFORD, Conn. (AP) — Officials in Connecticut and Arizona are defending their decision to refuse a request by the U.S. Justice Department for detailed voter information, after their states became the latest to face federal lawsuits over the issue.

“Pound sand,” Arizona Secretary of State Adrian Fontes posted on X, saying the release of the voter records would violate state and federal law.

The Justice Department’s Civil Rights Division announced this week it was suing Connecticut and Arizona for failing to comply with its requests, bringing to 23 the number of states the department has sued to obtain the data. It also has filed suit against the District of Columbia.

Attorney General Pam Bondi said the department will “continue filing lawsuits to protect American elections,” saying accurate voter rolls are the ”foundation of election integrity.”

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Secretaries of state and state attorneys general who have pushed back against the effort say it violates federal privacy law, which protects the sharing of individual data with the government, and would run afoul of their own state laws that restrict what voter information can be released publicly. Some of the data the Justice Department is seeking includes names, dates of birth, residential addresses, driver’s license numbers and partial Social Security numbers.

Other requests included basic questions about the procedures states use to comply with federal voting laws, while some have been more state-specific. They have referenced perceived inconsistencies from a survey from the U.S. Election Assistance Commission.

Most of the lawsuits target states led by Democrats, who have said they have been unable to get a firm answer about why the Justice Department wants the information and how it plans to use it. Last fall, 10 Democratic secretaries of state sent a letter to the Justice Department and the Department of Homeland Security expressing concern after DHS said it had received voter data and would enter it into a federal program used to verify citizenship status.

Connecticut Attorney General William Tong, a Democrat, said his state had tried to “work cooperatively” with the Justice Department to understand the basis for its request for voters’ personal information.

“Rather than communicating productively with us, they rushed to sue,” Tong said Tuesday, after the lawsuit was filed.

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Connecticut, he said, “takes its obligations under federal laws very seriously.” He pledged to “vigorously defend the state against this meritless and deeply disappointing lawsuit.”

Two Republican state senators in Connecticut said they welcomed the federal lawsuit. They said a recent absentee ballot scandal in the state’s largest city, Bridgeport, had made the state a “national punchline.”



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Maine

Maine mill accepts N.B. wood again, but producers still struggle to stay afloat | CBC News

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Maine mill accepts N.B. wood again, but producers still struggle to stay afloat | CBC News


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Equipment at Woodland Pulp in Maine roared back to life in mid-December after a 60 day pause in operations, and now one of the state’s largest mills is again accepting wood from New Brunswick producers. 

“On Monday, we restarted purchasing fibre for the mill,” company spokesperson Scott Beal said. 

“We’re back in the market. We are bringing in some fibre from suppliers in Canada, hardwood and chips.”

The general manager of the Carleton Victoria Forest Products Marketing Board says the news is welcome but not nearly enough to help embattled private woodlot owners in the province. 

An aerial view of the Woodland Pulp LLC plant in Baileyville, Maine.
Woodland Pulp, based in Baileyville, Maine, stopped buying Canadian timber in October because of added costs borne out of a 10 per cent tariff U.S. President Donald Trump slapped on timber imports. (Submitted by Scott Beal)

“Everything is good news at this point, but it is not as good as it could be,” Kim Jensen said. “We’re not back where we were.”

With sales down by about two-thirds from last year, Jensen said some woodlot owners are deciding to pack it up, while others struggle on. 

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“We have had some older ones who’ve left, they’ve just, they’ve had enough and they’ve left,” she said. 

“The people who have invested in the business, have bought processors and forwarders, they have to stay in business. And if you have $1,000,000 worth of equipment there, your payments are $40,000 to $60,000 a month and you have to work. You can’t just go somewhere else and get a job.”

Kim Jensen stands outside in a wooded area.
Kim Jensen, the general manager of the Carleton Victoria Forest Products Marketing Board, said private woodlot owners have lost about two-thirds of their sales compared with a year ago. (Submitted by Kim Jensen)

Duty rates on New Brunswick wood were set at 35 per cent in September, when U.S. President Donald Trump announced an additional 10 per cent tariff on lumber imports.

The sudden increase was too much for Woodland Pulp to bear. The mill relied on New Brunswick wood for about a third of its supply prior to October.

“It certainly adds cost to the business and, you know, like other wood users, I mean we’re always looking and hoping and trying to source fibre at the least cost,” Beal told CBC News in October.

The Baileyville-based mill has rehired all of the 144 people laid off during its two month shut-down, and Beal said it will likely take some time to ramp up to accept the amount of wood it previously did. 

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And with the difficult and uncertain tariff environment, Beal said, it’s hard to say how long the mill would be able to continue purchasing Canadian wood. 

“It’s a very challenging pulp market,” he said.

“The tariffs remain in place. That hasn’t changed. So it’s not reasonable to think that that won’t be a headwind for the business.”

The federal government did create a $1.25 billion fund to help the industry survive, but Jensen says that hasn’t meant support for individual private woodlot owners. 

In October, Jensen told CBC News that sales of timber by the marketing board’s members totalled about $1 million for all of 2024. They have fallen to about $200,000 over the past 12 months.

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And the cost of cross-border business has continued to rise.

Before Woodland Pulp stopped taking Canadian timber, the company had a lumberyard in Florenceville ,where producers could drop off wood. Woodland would then take responsibility for shipping it the rest of the way to the mill. 

Now it’s up to individual producers to source transportation and to arrange a broker to help meet cross-border requirements. That’s adding between $60 and $100 per load of timber heading to the U.S.

“The markets are tightening up, and the prices are going down, and you can only go down so far before it’s just done,” Jensen said.

“A mill can stop and start up, maybe. But a private guy who loses his equipment, he’s lost everything. He’s not coming back.”

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Massachusetts

Massachusetts police officer struck and killed in line of duty; department mourns

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Massachusetts police officer struck and killed in line of duty; department mourns


A Massachusetts police department is mourning the death of one of its own after an officer was struck and killed while attempting to assist a broken-down driver on a highway.

The Uxbridge Police Department has hung black bunting above its main entrance as it receives condolences from across the Bay State following the incident early Wednesday morning.

The crash unfolded at about 12:45 a.m., when the officer was trying to help a motorist in the northbound lanes of Route 146, a main artery in the Worcester County town that borders Rhode Island.

Authorities identified the fallen officer on Wednesday afternoon as Stephen Laporta, 43, of Uxbridge. The Massachusetts State Police is investigating the crash.

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“This is a devastating loss for our department and our community,” Police Chief Marc Montminy said in a statement. “Our thoughts and prayers are with the officer’s family, loved ones, and fellow officers during this incredibly difficult time.”

Gov. Maura Healey has ordered flags to be flown at half-staff at all state buildings in honor of LaPorta.

“I am heartbroken over the news of Officer Stephen LaPorta’s passing,” the governor said in a statement Wednesday afternoon. “He knew he was headed into a dangerous situation when he responded to the scene of a multi-vehicle crash, but like all of our officers do day in and day out, he put the public’s safety first – and he tragically made the ultimate sacrifice.”

Authorities closed Route 146 for hours after the crash, with investigators working the scene. The icy, frozen road reopened around 10 a.m.

Uxbridge First Holy Night, a community organization, offered its condolences to the department via social media, saying the loss is also felt “across our entire town.”

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“Our officers are more than public servants — they are neighbors, friends, parents, children, and family,” the group stated. “When one of our own falls, we all grieve together.”

“Uxbridge is a close-knit community,” it added, “and in moments like this, we lean on one another. May we surround this family and our police department with compassion, strength, and support in the days ahead.”

Police departments from across the region sent cruisers to participate in a procession that accompanied a vehicle carrying LaPorta’s body to a medical examiner’s office before daybreak.

The Boston Police Patrolmen’s Association described the officer as a “fallen hero” and the death as “heartbreaking news.”

“Another police officer killed in the line of duty. This time in Uxbridge,” the association stated in a social media post. “The officer was involved in a motor vehicle crash while attempting to assist a motorist on Rte. 146 early this morning. Our thoughts and prayers are with the officer’s family and the entire Uxbridge Police Department during this incredibly difficult time.”

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State Rep. Mike Soter, whose Central Massachusetts district includes Uxbridge, said his “heart sank” when learning of the death.

“This is so close to home,” he said in a Facebook post. “May GOD watch over this officer’s family and his fellow officers today as they need our strength as a community. May the officer’s memory be eternal always!”

In June 2024, the Uxbridge Police Department celebrated LaPorta’s promotion to full-time patrolman.

“He may seem familiar to you all because Ofc. LaPorta has already been actively serving our wonderful town as a full-time Dispatcher and working part-time patrol shifts,” the department stated in a Facebook post. “He has put in the work to switch his role up and come to the patrol side full time! Let’s give him a warm congrats Uxy!”

Uxbridge Police Department (Herald file photo)
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