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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Vermont
Vermont high school playoff scores, results, stats for Monday, March 2
The 2025-2026 Vermont high school winter season has begun. See below for scores, schedules and game details (statistical leaders, game notes) from basketball, hockey, gymnastics, wrestling, Nordic/Alpine skiing and other winter sports.
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.
▶ Contact Judith Altneu at JAltneu@usatodayco.com. Follow her on X, formerly known as Twitter: @Judith_Altneu.
MONDAY’S H.S. PLAYOFF GAMES
ALPINE SKIING
State championships (giant slalom) at Burke Mountain
D-I GIRLS BASKETBALL SEMIFINALS
At Patrick Gym
No. 2 Rutland (19-2) vs. No. 3 St. Johnsbury (16-5), 6 p.m.
No. 1 Mount Mansfield (20-1) vs. No. 4 North Country (19-3), 7:30 p.m.
D-IV GIRLS BASKETBALL SEMIFINALS
At Barre Auditorium
No. 1 Richford (19-2) vs. No. 4 Mid Vermont Christian (6-2), 5:30 p.m.
No. 3 West Rutland (14-8) vs. No. 7 Rivendell (12-10), 7:30 p.m.
D-I BOYS BASKETBALL PLAYDOWNS
Games at 7 p.m. unless noted
No. 13 North Country (3-17) at No. 4 Rutland (14-6)
No. 12 Essex (4-16) at No. 5 Champlain Valley (12-8)
No. 10 St. Johnsbury (5-15) at No. 7 Burr and Burton (12-8)
No. 11 Colchester (5-15) at No. 6 BFA-St. Albans (12-8)
D-III BOYS BASKETBALL PLAYDOWNS
No. 11 BFA-Fairfax (10-10) at No. 6 Thetford (12-8), 7 p.m.
D-IV BOYS BASKETBALL PLAY-INS
No. 17 Sharon (3-17) at No. 16 Long Trail (4-16), 6 p.m.
TUESDAY’S H.S. PLAYOFF GAMES
ALPINE SKIING
State championships (slalom) at Burke Mountain
D-II GIRLS HOCKEY PLAY-INS
No. 9 Brattleboro (0-17-1) at No. 8 Stowe (4-16), 5:15 p.m.
D-I BOYS HOCKEY PLAY-INS
No. 8 Burlington (8-12) at No. 9 St. Johnsbury (3-16-1), 5:30 p.m.
D-II BOYS BASKETBALL PLAYDOWNS
No. 13 Lake Region (4-16) at No. 4 Montpelier (11-9), 7 p.m.
D-IV BOYS BASKETBALL PLAYDOWNS
Games at 7 p.m. unless noted
No. 9 Arlington (11-9) at No. 8 Richford (12-8), 6 p.m.
Winner Game 1 at No. 1 Twinfield/Cabot (19-1)
No. 13 Grace Christian (4-15) at No. 4 Mount St. Joseph (17-2)
No. 12 Poultney (6-14) at No. 5 Twin Valley (16-4)
No. 15 Blue Mountain (3-17) at No. 2 West Rutland (20-0)
No. 10 Proctor (11-9) at No. 7 Danville (14-6)
No. 14 Northfield (3-17) at No. 3 Mid Vermont Christian (2-0)
No. 11 Rivendell (10-10) at No. 6 Williamstown (14-6)
(Subject to change)
Northeast
NJ Gov Mikie Sherrill booed at Devils game honoring US Olympic hockey hero Jack Hughes
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New Jersey Gov. Mikie Sherrill was booed by fans attending the NJ Devils hockey game at the Prudential Center on Wednesday.
The game marked the NHL return of Team USA Olympic hero Jack Hughes since he scored the winning goal against Canada in the gold medal game on Sunday.
Sherrill was in attendance to welcome Hughes and other Olympic players back to stateside ice, but when she was announced by the PA spokesperson for the ceremonial puck drop, the Newark crowd erupted in relentless boos for her and her husband, Jason Hedberg.
Jack Hughes #86 of the New Jersey Devils during a pregame Olympic Ceremony with New Jersey Gov. Mikie Sherrill and Devils Owners David and Allison Blitzer on Feb. 25, 2026 at the Prudential Center in Newark, New Jersey. (Rich Graessle/NHLI via Getty Images)
Still, Sherrill went on to make a social media post that included photos of her, Hughes and other players, celebrating the gold medal. Sherrill was mocked in response, as many critics pointed out how loudly she was booed.
“You managed to somehow get booed loudly during the most festive thing at the Rock ever,” one X user wrote.
Another user wrote, “Didn’t everyone boo you?”
Sherrill has been a target of criticism from patriotic Americans dating back to her 2025 campaign, when it was revealed she was kept from participating in her Naval Academy commencement due to disciplinary action involving midshipmen stealing test answers in a particularly challenging electrical engineering course required for all non-engineering majors.
Sherill downplayed her involvement, saying, “I didn’t turn in some of my classmates, so I didn’t walk but graduated and was commissioned as an officer in the U.S. Navy, serving for nearly 10 years with the highest level of distinction and honor.”
New Jersey Gov. Mikie Sherrill presents the state flag to Jack Hughes #86 of the New Jersey Devils in a pregame welcome home ceremony on Feb. 25 in Newark, New Jersey, following Team USA’s gold medal win. (Ishika Samant/Getty Images)
Just this week, the Justice Department filed a lawsuit against New Jersey and Sherrill, accusing the state of expanding its sanctuary policies and obstructing federal immigration enforcement through a new executive order.
Still, Sherill’s presence didn’t stop anyone at the Prudential Center from celebrating Hughes and company on Wednesday.
Prior to the puck drop against the Buffalo Sabres, the Devils honored all of their Olympians from 2026, including those who represented foreign nations. No one received a warmer reception from the crowd than Hughes, as fans chanted “U-S-A!”
Hughes nearly broke down in tears while addressing the crowd.
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“I’m so proud, and I’m so happy that the men’s and women’s USA hockey teams brought gold medals back to the United States of America,” Hughes said to the crowd. “You guys are making me emotional, but I’m so proud to represent the New Jersey Devils organization. And I’m so, so proud to represent the great state of New Jersey – so proud.
“From the bottom of my heart, all of my teammates, USA teammates, we just want to thank you guys for all the love and support. We feel it.”
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Boston, MA
Monster effort from Neemias Queta helps pave the way for Celtics in win over 76ers – The Boston Globe
Queta has been a revelation for the Celtics this season and helped them improbably surge into second place in the Eastern Conference. But it is unlikely he or his team envisioned nights like Sunday, when he crafted the best game of his career to propel Boston to a 114-98 win over the 76ers at TD Garden, its 11th in 13 games.
The 26-year-old center finished with 27 points and 17 rebounds and received ‘MVP’ chants several times in the fourth quarter.
“I thought he’s had great ownership and responsibility to what it calls for to be a starting center for the Celtics, and he’s got to continue to get better,” Mazzulla said. “He works at it. He cares. So, it’s a credit to him.”
The Celtics, who entered the night averaging 17.1 second-chance points per game, poured in 30 Sunday, with Queta leading the charge. With 76ers center Andre Drummond often playing up and trying to congest the lanes for Boston’s talented ballhandlers, Queta forcefully and quickly found space around the rim.
“We just gave him the ball and trusted him to make the right decision every time, and he was able to get it going,” forward Jaylen Brown said. “He had some nice up-and-unders in the seam and stuff like that that helped propel us to a win.”
Brown added 27 points, 8 rebounds, and 8 assists for Boston.
Tyrese Maxey had 33 points to lead the 76ers, but they did not come easily. The All-Star guard played 43 minutes and made just 12 of 34 shots. Philadelphia was without star center Joel Embiid (oblique).
“He didn’t have a ton of layups, didn’t have a ton of free throws,” Mazzulla said of Maxey. “I thought he obviously missed some good shots, but when you have the ball as much as he did, I thought we did a really good job just being disciplined, defending without fouling, keeping him out of transition.”
The Celtics improved to 40-20, with just 22 games remaining in the regular season. After the game, there was a visible reminder of what could be on the way.
Star forward Jayson Tatum, who could be nearing a return from last May’s Achilles injury, sat at his locker and laughed and joked with team staffers. He also posted the latest clip from the NBC docuseries about his comeback on his social media accounts.
For now, of course, the Celtics continue to plow forward without him. On Sunday, Boston quickly wiped away an early 10-point deficit behind Queta. He registered five offensive rebounds in the opening period, and flashed an unusual amount of offensive creativity during his dominant second quarter.
During one stretch, he danced through the lane for a basket, converted a putback, then dazzled the crowd by trailing a fast break, taking a pass from Brown, and converting an acrobatic scoop shot that gave Boston a 40-35 lead.
“We don’t want him to get too carried away with some of those,” Brown said, smiling. “But he was converting them tonight and it looked good.”
Queta reminded everyone that much of his value comes from his defensive work when he swatted a Kelly Oubre Jr. shot out of bounds, and he received a rare standing ovation when he checked out moments later.
Finally, after a well-executed two-for-one opportunity, Brown found Baylor Scheierman, who played with a splint on his broken left thumb, in the right corner; he hit a buzzer-beating 3-pointer that gave Boston a 62-50 lead at the break. Scheierman gave a high thumbs-up with his bandaged digit.
The Celtics led by 16 early in the third quarter, but the 76ers continued to push back. Three-pointers in the final minute by Quentin Grimes and Maxey made it 89-83 at the start of the fourth.
The 76ers trailed by 6 with four minutes left in the fourth quarter but missed their next five shots, any one of which could have put real pressure on Boston.
With 2:56 left, Queta converted a layup as he was fouled, stretching the lead back to 105-97. He received ‘MVP’ chants for the second time in the quarter when he went to the foul line. Then, with 1:56 left, he put an exclamation point on his memorable night by grabbing yet another offensive rebound and throwing down a two-handed dunk that made it 109-98.
“I thought Neemi matched and exceeded the [76ers] physicality,” Mazzulla said.
Adam Himmelsbach can be reached at adam.himmelsbach@globe.com. Follow him @adamhimmelsbach.
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