22 States Unite Against New York: Lawsuit Claims Environmental Fund is Unconstitutional

ALBANY, N.Y. – A coalition of twenty-two states has taken legal action against New York, arguing that a new law requiring major energy companies to contribute $75 billion for climate change damages is unconstitutional.

The lawsuit was filed in Albany and lists Attorney General Letitia James as a defendant. West Virginia’s Attorney General, JB McCuskey, is leading the challenge against New York’s Climate Change Superfund Act. This law mandates payments for alleged environmental damage from 2000 to 2018.

The law specifically targets fossil fuel companies, requiring them to pay into the fund over the next 25 years based on their past greenhouse gas emissions. McCuskey expressed concerns that such policies could hurt the country’s energy independence, allowing other nations like China, India, and Russia to take the lead in energy production.

McCuskey stated, “This lawsuit aims to stop these misguided policies from one state affecting the entire nation.” He warned that if New York’s actions go unchecked, other states might follow suit, potentially harming the national power grid.

The lawsuit alleges that New York is unfairly burdening energy producers and consumers from other states, using the funds to support local infrastructure projects, like a new sewer system in New York City. It describes the law as a troubling example of state overreach.

Additionally, the lawsuit argues that New York should not place the blame for greenhouse gas emissions solely on a few energy companies when many different sources contribute to the issue. It highlights that coal, oil, and natural gas played vital roles in New York’s development, powering the state’s growth during those years.

Along with West Virginia, the states involved in this 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.