On the recent adoption of New York’s Climate Change Adaptation Cost Recovery Program, Bracewell’s Scott Segal told Inside EPA that “imposing retroactive liability on companies for legally conducted business activities sets a troubling precedent that could significantly impact New York’s business environment and economic competitiveness.”
Segal also clarified that climate superfund bills differ from their namesake, the federal Superfund program created in 1980 to clean up hazardous waste sites.
“Unlike its namesake federal statute that dealt with waste activities, the use of fossil fuels is and was an essential component of maintaining quality of life in New York and elsewhere.”
