New York Senate Bill S04799

New York 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25
• Refer: 1/7/26

Caption

Creates climate liability for fossil fuel related activity which caused or contributed to climate change; creates a right of action.

Summary

This bill would create a new article in the General Business Law establishing “climate liability” for certain fossil fuel industry members whose conduct caused or contributed to climate change in New York. It defines covered fossil fuel industry members by reference to entities involved in extracting, refining, transporting, marketing, or selling fossil fuel products that generated at least one billion metric tons of greenhouse gas emissions during the covered period beginning January 1, 1989. The bill also defines “qualified products” broadly to include crude oil, natural gas, refined petroleum products, and related waste streams. Under the bill, a fossil fuel industry member whose conduct directly or indirectly caused or contributed to climate change in New York would be liable for damages. Any person, government entity, firm, corporation, or association allegedly damaged by that conduct could bring a civil action for recovery of damages in specified counties. The bill also allows defendants to present evidence that they adopted “reasonable controls and procedures” to limit liability, but that showing would not be a complete defense. The measure is intended to supplement existing consumer protection and false advertising concepts by treating deceptive environmental claims and misleading sustainability representations as part of the liability framework.

Impact

The bill would add a new Article 20-B to the General Business Law and create a new private right of action against qualifying fossil fuel industry members. It would expose covered companies to damages claims for climate-related harms in New York and would allow suits by both private parties and government entities in designated venues. The bill also references existing false advertising and deceptive practices law, incorporating those concepts into the definition of “reasonable controls and procedures” and limiting liability defenses based on environmental marketing claims. If enacted, it would significantly expand potential civil exposure for large fossil fuel companies operating in or affecting New York.

Sentiment

The bill text reflects a strongly supportive and accusatory stance toward the fossil fuel industry, framing climate change as a public health, environmental, and constitutional rights issue. The sponsors’ findings emphasize scientific consensus, the harms of climate change, and alleged long-term deception by fossil fuel companies. No committee transcript or vote data is available in the provided materials, so there is no recorded legislative debate or roll-call sentiment beyond the bill’s own findings and sponsor framing.

Contention

The main points of contention are likely to be the bill’s broad imposition of liability on fossil fuel industry members, the causal standard tying industry conduct to climate change in New York, and the use of litigation to address climate harms. The bill anticipates a First Amendment challenge by stating that it does not impose liability on protected speech, but it also expressly targets deceptive environmental claims and sustainability representations, which could be disputed by industry defendants. Another likely issue is the breadth of the covered entities and the threshold of one billion metric tons of emissions, which would focus liability on large companies and could raise questions about fairness, causation, and damages allocation.