“This lawsuit is to ensure that these misguided policies, being forced from one state onto the entire nation, will not lead America into the doldrums of an energy crisis, allowing China, India, and Russia to overtake our energy independence,” said West Virginia Attorney General John B. McCuskey.
A coalition of twenty-two states have filed a lawsuit challenging a recently-enacted New York law that requires oil and gas companies to pay for the damage they inflict upon the natural environment.
According to The New York Times, the “Climate Change Superfund Act” directs companies that produced large amounts of greenhouse gas emissions between 2000 and 2024 to pay a combined total of $3 billion per year for the next 25 years. Some state legislators have indicated that the law applies to all companies that operate in New York, including those that are headquartered in other countries.
The fund will be used to repair and upgrade infrastructure vulnerable to climate change; it will also provide funding for other projects, including the protection of coastal wetlands and the improvement of water-drainage systems.
If enforced, the companies affected by the order would be required to begin making payments in 2028.
The multistate lawsuit is being led by West Virginia Attorney General John B. McCuskey, who says the legislation seeks to impose penalties upon companies that are not based in New York.
“This lawsuit is to ensure that these misguided policies, being forced from one state onto the entire nation, will not lead America into the doldrums of an energy crisis, allowing China, India, and Russia to overtake our energy independence,” McCuskey said in a statement.
McCuskey and his allies also emphasized that, no matter the effect of climate change, New York has benefited immensely from the oil and gas industry.
“[C]oal, oil, and natural gas were helping New York during that time,” the lawsuit alleges. “They helped keep the lights on in Albany, manufacture the steel that supported New York’s iconic skyscrapers, and fuel the industry that keeps New York ports humming.”
West Virginia and its co-plaintiffs—which include the attorneys general of oil-, gas- and coal-producing states like Texas and Oklahoma—say that the Clean Air Act defines the regulation of interstate emissions and air quality as a federal prerogative.
“We’re not going to allow states like New York to usurp the federal government, who has the sole authority to regulate the emissions that are being targeted in the Superfund bill,” he said.
However, the New York Times notes that the law does not seek to set or enforce pollution standards; instead, it seeks compensation for emissions that have already occurred.
New York has pledged to defend itself from the lawsuit.
“Governor [Kathy] Hochul proudly signed the Climate Superfund Act because she believes corporate polluters should pay for the wreckage caused by the climate crisis—not everyday New Yorkers,” Hochul’s office said in a statement. “We look forward to defending this landmark legislation in court.”
Sources
22 states sue New York, alleging environmental fund is unconstitutional
22 States Sue to Block New York Law Targeting Fossil Fuel Companies
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