Press Release
Press Release
Press Contacts: Erik Cummins, Matt Hyams, Taina Rosa, Olivia Thomas
09.04.25
Pillsbury has released a new Climate Superfund Map, an interactive tool tracking emerging state efforts to shift the costs and damages associated with extreme weather and adaptation from government and taxpayers to individual companies based on their greenhouse gas emissions.
The map provides a state-by-state overview of enacted and proposed legislation, liability provisions, fund caps, and pending litigation. To access it, visit www.pillsburylaw.com/climatesuperfundmap.
So-called “Climate Superfund” laws, modeled loosely on CERCLA’s “polluter pays” policy, would require emitters to contribute to funds supporting infrastructure repair, disaster recovery, and resilience projects. Vermont and New York have already enacted such laws, while similar proposals are pending in multiple other states.
The first wave of these laws has already prompted legal challenges. Industry groups, coalitions of states and the U.S. Department of Justice have filed suits against Vermont and New York, raising issues of federal preemption, constitutional limits and jurisdiction. The outcomes of these cases will be pivotal in shaping how far states can go in creating and shifting climate change-related liabilities.
“More and more states are seeking to legislate the allocation of costs associated with climate change and extreme weather events to industry,” said Amanda Halter, an environmental lawyer and managing partner of Pillsbury’s Houston office. “This map is a valuable resource for those interested in tracking this fast-evolving area of the law.”