Albany, New York — A coalition of twenty-two states has filed a lawsuit against New York, challenging a new law that mandates major energy producers to pay $75 billion into a climate change fund. The states argue that the law is unconstitutional and unfairly targets a small group of fossil fuel companies.
The lawsuit, led by West Virginia Attorney General JB McCuskey, was filed on Thursday in Albany. It names New York Attorney General Letitia James and other state officials as defendants. The contested legislation, known as the Climate Change Superfund Act, requires energy producers to make payments over the next 25 years to cover damages allegedly caused by their greenhouse gas emissions between 2000 and 2018.
“This law is unconstitutional, and I am proud to lead this coalition of attorneys general, brave private energy companies, and industry groups in our fight to protect against this overreach,” McCuskey said in a statement. “If we allow New York to get away with this, it will only be a matter of time before other states follow suit — wrecking our nation’s power grid.”
The lawsuit accuses New York of attempting to force energy producers and consumers in other states to subsidize New York-based infrastructure projects, such as a new sewer system in New York City. It describes the law as “an ugly example of the chaos that can result when states overreach.”
According to the filing, New York is placing blame on a small group of energy producers for global greenhouse gas emissions that have come from numerous sources worldwide. The lawsuit contends that coal, oil, and natural gas have historically played a crucial role in supporting New York’s development and infrastructure.
States joining West Virginia in the lawsuit include 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.
