Republicans Push Bill to Block State ’Climate Superfund’ Lawsuits

Congressional Republicans have introduced legislation aimed at blocking states from pursuing so-called climate superfund laws, which allow states to seek damages from fossil fuel companies for past emissions. Backers of the bill argue the state laws amount to retroactive liability that could be unconstitutional and warn they would raise energy costs nationwide if allowed to stand.

Supporters of the state laws, including several Democratic governors, say the measures are a legitimate way to make major emitters help pay for climate adaptation costs already falling on taxpayers. The fight is likely to end up in federal court regardless of what Congress does, with both sides expecting the ultimate outcome to hinge on how courts weigh state authority against interstate commerce concerns.