A federal judge seemed sympathetic Thursday to arguments from red states and the fossil-fuel industry that a 2021 appellate court decision throwing out a lawsuit brought against the sector over pollution is relevant to their challenge of New York’s climate superfund act.
Chief Judge Brenda Sannes of the US District for the Northern District of New York posed multiple hypothetical questions to attorneys representing New York about the state’s arguments that a US Court of Appeals for the Second Circuit ruling in 2021 doesn’t apply to this case. The Second Circuit’s decision in that case, City of New York v. …