ALBANY, N.Y. – In a significant legal move, twenty-two states have filed a lawsuit against New York, challenging the constitutionality of a new law that mandates a group of major energy producers to contribute $75 billion to a climate change damage fund.
The lawsuit, initiated in Albany, cites state Attorney General Letitia James among the defendants. West Virginia’s Attorney General JB McCuskey is spearheading the coalition opposing New York’s Climate Change Superfund Act, which requires payments from fossil fuel companies for damages allegedly incurred between 2000 and 2018.
This law obligates these companies to contribute to the fund based on their historical gas emissions over the next 25 years. McCuskey stated, “This lawsuit aims to prevent misguided policies from one state affecting the entire nation, which could lead to an energy crisis and jeopardize America’s energy independence.”
He condemned the New York law as unconstitutional and emphasized the coalition’s commitment to countering what they perceive as governmental overreach. “If we allow New York to succeed, other states may follow, putting our nation’s power grid at risk,” he warned.
In response, a spokesperson for New York Governor Kathy Hochul expressed confidence in the law, stating, “We look forward to defending this landmark legislation in court and defeating Big Oil once again.”
The lawsuit contends that New York is compelling energy producers and consumers from other states to finance specific local projects, like a new sewer system in New York City. It has been characterized as “an ugly example of the chaos that can result when states overreach.”
Furthermore, the legal argument asserts that New York is unfairly blaming a small cadre of energy producers for global greenhouse gas emissions that arise from diverse sources. The lawsuit notes, “Coal, oil, and natural gas were instrumental in supporting New York’s infrastructure and economy during that period.”
Joining West Virginia in this legal challenge are Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
