New York will make polluters pay for climate change damage
New York State is establishing a "Climate Superfund" that will make companies that release large amounts of greenhouse gas emissions financially responsible for some of the damage that climate change caused to the state's infrastructure, communities and ecosystems.
On Thursday, Gov. Kathy Hochul, signed a bill into law requiring large fossil fuel companies to "pay for critical projects that protect New Yorkers." Citing the hundreds of billions of dollars the state will have to spend on climate adaptation through 2050, the law requires that the companies responsible for most carbon emissions, more than a billion metric tons, between 2000-2018 pay nearly $3 billion annually for the next 25 years.
"With nearly every record rainfall, heatwave, and coastal storm, New Yorkers are increasingly burdened with billions of dollars in health, safety, and environmental consequences due to polluters that have historically harmed our environment," Hochul said in a press statement.
The new law calls climate change "an immediate, grave threat to the state's communities, environment, and economy." According to NASA, 97% of climate scientists believe human activity, specifically burning fossil fuels, is the primary driver of climate change and global warming. And those changes to the climate have resulted in more intense and more frequent extreme weather events.

The New York legislature said the "Climate Superfund" was now possible because scientific research enables them "to determine with great accuracy the share of greenhouse gases released into the atmosphere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emissions during a given time period."
"The governor's approval of the Climate Change Superfund Act is a welcome holiday gift for New York taxpayers," said Blair Horner, executive director of the New York Public Interest Research Group, in a statement. "Until her approval, New York taxpayers were 100% on the financial hook for climate costs. Now Big Oil will pay for much of the damages that they helped cause."
The state anticipates collecting up to $75 billion over 25 years, and the law requires that at least 35% of the funds go to disadvantaged communities.
New York State Senator Liz Krueger said the new legislation was modeled after the federal Superfund law that requires polluters to pay for toxic waste cleanups.
But not everyone is cheering the new legislation. In a letter to Gov. Hochul, urging her to veto the bill, the Business Council of New York State, which represents more than 3,000 companies, chambers of commerce and associations, wrote, "The bill discriminates by targeting only the largest fossil fuel extraction and processing firms, including petroleum, natural gas, and coal."
The Council added, "This legislation ignores the near universal use and benefits associated with fossil fuel." They argued that the new law would do nothing to address what they said is the primary cause of carbon emissions: "consumption."
There are still a lot of specifics that have yet to be determined, and the state's Department of Environmental Conservation is responsible for figuring out the program's details over the next few years. With legal challenges all but certain, it will be some time before the companies actually have to pay up.
-ABC News Climate Unit's Matthew Glasser







