Federal Court Strikes Down New York’s Climate Superfund Act: What It Means for the “Polluter Pays” Movement
September 28, 2026 —
Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogA federal judge in the Northern District of New York has struck down New York’s
Climate Change Superfund Act, ruling that the “polluter pays” climate law is preempted by federal law and “simply beyond the limits of state law.” The court concluded that the Clean Air Act (CAA) does not authorize New York’s compensation scheme, which calculates liability based on greenhouse gas (GHG) emissions attributable to worldwide fossil fuel extraction and refining. It separately held that any cost-recovery demand against a foreign producer would be preempted under the constitutional foreign affairs doctrine, which limits state intrusion into matters committed predominantly to the federal government. The court directed the parties to file a status report by September 14, leaving the form of further relief unresolved. In practical terms, the court has decided that the Act is preempted and cannot be enforced but has not yet determined the precise terms of its final order, including whether to formally enjoin its enforcement.
The
decision in West Virginia v. James, Case No. 1:25-cv-00168 (N.D.N.Y. Aug. 31, 2026), issued by Chief U.S. District Judge Brenda K. Sannes, who was appointed by President Obama, marks the first judicial invalidation of a state climate superfund statute and carries significant implications for the
climate superfund landscape and the three remaining
lawsuits challenging these laws.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...
Construction Liens and the “Substantial Performance” Doctrine
April 08, 2026 —
David Adelstein - Florida Construction Legal UpdatesIn a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to construction liens. The Third District Court of Appeal explained, with relevant citations, this doctrine as follows:
Under Florida law, a contractor is entitled to a mechanic’s lien if he complies with all provisions of Chapter 713, governing construction liens, and “has substantially performed the contract.” Grant v. Wester, 679 So. 2d 1301, 1307 (Fla. 1st DCA 1996) (quotation omitted); Langley v. Knowles, 958 So. 2d 1149, 1151 (Fla. 5th DCA 2007) (“The substantial performance doctrine recognizes that a contactor who complies with all of the provisions of the contactor’s lien statute is entitled to enforce a lien if he has substantially, but not completely, performed his contractual obligations.”). Substantial performance is performance “so nearly equivalent to what was bargained for that it would be unreasonable to deny the promisee the full contract price subject to the promisor’s right to recover whatever damages may have been occasioned him by the promisee’s failure to render full performance.” Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971).
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Congratulations to BWB&O’s Orange County Team for Securing a Strong MSJ Result in a Residential Gas Explosion Matter!
May 14, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPHuge Congratulations to Partner
Kevin Wheeler and Associate
Lindsey Wells for securing a strong result on a Motion for Summary Judgment / Summary Adjudication filed on behalf of their client, the City of Murrieta. This was a complex, multi-party matter arising from a residential gas leak and explosion, where Plaintiffs alleged the City and MFPD failed to properly respond to the incident. After multiple complaints were consolidated and extensive defense work narrowed the case, eighteen plaintiffs remained asserting five causes of action against the City, prompting a comprehensive MSJ/MSA targeting liability, causation, and damages.
The Court’s ruling reflects a significant win, particularly on the immunity framework. The Court eliminated the core negligence and assumed-duty claims arising from fire protection and emergency response activities. It further disposed of the misrepresentation and public nuisance claims. At the end of the day, three plaintiffs were dismissed entirely for failure to comply with Government Claims Act requirements, further reducing the scope of the case. While the dangerous condition claim remains, it does so in a very limited posture.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
Jenny Michel Named Top Lawyer by Acadiana Profile Magazine
June 29, 2026 —
Lewis BrisboisLafayette Managing Partner Jenny Michel has been named to Acadiana Profile magazine’s 2026 Top Lawyers list for Insurance Law. The annual list honors excellence across several practice areas.
To select attorneys for its Top Lawyers list, Acadiana Profile works with a research firm that conducts a peer-review survey of attorneys in the Acadiana, Louisiana region. The attorneys nominate fellow professionals who they consider the best in their field of practice.
Ms. Michel is co-chair of the London Market Group, the Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL) practice, and the Energy, Marine & Power practice. She has worked with London insurers her entire career. Licensed in both Louisiana and Texas, she leads a team of experienced attorneys focused on marine, both traditional and alternate energy, onshore and offshore property, trucking and environmental insurance coverage and bad faith claims, excess monitoring, advice and litigation, both at the trial and appellate levels.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Fraud Allegations Stymie Additional Insured’s Request for a Defense
May 14, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026).
Mara Fortin sued Renovation Realty and others (“Fortin litigation”) from the fraudulent sale of a residence. The underlying complaint alleged Renovation “deliberately misrepresented of the residence as ‘completely remodeled’ and ‘meticulously maintained’.” The defendants, however, including Renovation, “knew from sources including a pre-renovation termite report documenting fungus and dry rot . . . that the Property harbored pre-existing material defects.”
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Jurisdiction Over Foreign Manufacturers in Construction Litigation
May 14, 2026 —
Timothy J. Repass & Miki J. Saito - Wood Smith Henning BermanA recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure.
Background of the Case
King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction.
Reprinted courtesy of
Timothy J. Repass, Wood Smith Henning Berman and
Miki J. Saito, Wood Smith Henning Berman
Mr. Repass may be contacted at trepass@wshblaw.com
Ms. Saito may be contacted
Unprecedented Times: An Interview Panel With 2025 Top Construction Law FirmsBack Posting with Thoughts on Lien WaiversBarratt Said to Suspend Staff as Contract Probe ContinuesLas Vegas Sphere Lawsuits Roll On in Nevada CourtroomsThe Legal LandscapeStair Collapse Points to Need for Structural InspectionsWendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America Were Quake Standards Illegally Altered for PG&E Nuclear Power Plant?Los Angeles Warehousing Mecca Halts Expansion Just as Needs SoarClient Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate ReviewKnow Your Obligations Under Both the Prime Contract and SubcontractNew Jersey’s Proposed Construction Defect Law May Not Cover EverythingThe Treasures Inside Notre Dame CathedralPartner Jason Taylor and Senior Associate Danielle Kegley Successful in Appeal of Summary Disposition on Priority of Coverage Dispute in the Michigan Court of AppealsAre You Taking Full Advantage of Available Reimbursements for Assisting Injured Workers?Contingent Business Interruption Claim DeniedAddress 'Your Work' Exposure Within CPrL Policies With Faulty Workmanship CoverageSixth Circuit Affirms Liability Insurer's Broad Duty to Defend and Binds Insurer to Judgment Against LandlordThe Show Must Go On: Navigating Arbitration in the Wake of the COVID-19 OutbreakImportant Insurance Alert for Out-of-State Contractors Assisting in Florida Recovery Efforts!RCW 60.30 – Contract ConsiderationsJudge Nixes SC's $100M Claim Over MOX Construction DelaysFederal District Court Addresses Material Misrepresentation in First Party Property Damage ClaimD.C. Circuit Upholds EPA’s CERCLA Hazardous-Substance Designations for PFAS as State-Law Settlements Highlight Expanding Liability LandscapeNew Illinois Supreme Court Trigger Rule for CGL Personal Injury “Offenses” Could Have Costly Consequences for PolicyholdersHomeowners Must Comply with Arbitration over Construction DefectsSlip and Fall Claim from Standing Water in Parking GarageCongratulations to San Diego Partner Alex Giannetto and Senior Associate Michael Ibach on Settling a Case 3 Weeks Into a 5-Week Trial!What are the Potential Damages when a House is a Lemon?Occurrence Found, Business Risk Exclusions Do Not Bar Coverage for Construction DefectsBank Window Lawsuit Settles Quietly
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost
BWB&O’s Motion for Summary Judgment is Granted in a Premises Liability Matter
Mortgagors Seek Coverage Under Mortgagee's Policy
Negligent Failure to Respond to Settlement Offer Is Not Bad Faith
Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)
Climate Disasters Are an Affordable Housing Problem
Out of the Black
Lake Texoma, Texas Condo Case may go to Trial
Florida Litigation Team Delivers Crushing Summary Judgment Victory for National Home Builder
How AI Turns Construction Documents Into Procurement Intelligence
Fatal Crane Collapse in Seattle Prompts Questions About Disassembly Procedures
New Jersey Court Rules on Statue of Repose Case
Athletic Trainers Help Workers Get Back to the Jobsite and Stay Healthy After Injury
How Algorithmic Design Improves Collaboration in Building Design
Personal Injury Claims – The Basics
Policyholders' Coverage Checklist in Times of Coronavirus
A Lien Might Just Save Your Small Construction Business
Where Breach of Contract and Tortious Interference Collide
Lienor Dealing With “Show Cause” Summons by Condominium Unit Owner
More Thoughts on “Green” (the Practice, not the Color) Building
Homebuilders Opposed to Potential Change to Interest on Construction Defect Expenses
Million-Dollar U.S. Housing Loans Surge to Record Level
Gehry-Designed Project Seen Bringing NYC Vibe to L.A.
Wisconsin High Court Rejects Insurer’s Misuse of “Other Insurance” Provision
Message from the Chair: Kelsey Funes (Volume I)
Serial ADA Lawsuits Targeting Small Business Owners
California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates
White and Williams LLP Secures $42.4 Million Award for Ventana DBS LLC in Philadelphia Marriott Construction Litigation
Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection
Strategic Communication Considerations for Contractors Regarding COVID-19
Work without Permits may lead to Problems Later
Three Kahana Feld Attorneys Selected to 2024 NY Metro Super Lawyers Lists
Construction Defects through the Years
Harmon Towers to Be Demolished without Being Finished
The Murky Waters Between "Good Faith" and "Bad Faith"
No Rest for the Weary: Project Completion Is the Beginning of Litigation
Maui Wildfire Cleanup Advances to Debris Removal Phase
Mixed Reality for Construction: Applicability and Reality
Pool Deck Failure Cited as Starting Point in Surfside Condo Collapse
Insurer’s Broad Duty to Defend in Oregon, and the Recent Ruling in State of Oregon v. Pacific Indemnity Company
World’s Biggest Crane Lifts Huge Steel Ring at U.K. Nuclear Site
The Conscious Builder – Interview with Casey Grey
Construction News Roundup
Boston Contractor Faces More OSHA Penalties
Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers
Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars
Coverage Issues: When You Need Your Own Lawyer in a Construction Defect Suit
Massachusetts Clarifies When the Statute of Repose is Triggered For a Multi-Phase or Multi-Building Project
