Twenty-two states filed a lawsuit against New York on Thursday, challenging the constitutionality of a new law that requires a select group of major energy companies to contribute $75 billion to a fund aimed at addressing climate change-related damages.
The legal action took place in Albany, New York, and names Attorney General Letitia James along with other state officials as defendants. Requests for comments were made to the involved parties.
West Virginia Attorney General JB McCuskey spearheaded the coalition opposing the New York Climate Change Superfund Act, which mandates payments for environmental harm purportedly caused between 2000 and 2018.
Under the provisions of this law, significant fossil fuel companies are obligated to make contributions to the fund over the next 25 years, calculated according to their historical gas emissions.
In a statement, McCuskey expressed that the purpose of the lawsuit is to contest what he considers misguided policies, asserting that they could potentially lead the nation into an energy crisis, allowing China, India, and Russia to gain a competitive advantage over U.S. energy independence.
“This law is unconstitutional, and I am honored to lead this coalition of attorneys general alongside courageous private energy firms and industry groups to safeguard against this overreach,” McCuskey declared. He emphasized that if New York is permitted to proceed with its plans, it would only be a matter of time before other states imitate this approach, which could jeopardize the integrity of the national power grid.
The suit alleges that New York is attempting to compel energy producers and consumers in other states to financially support specific infrastructure projects in New York, such as a new sewer system in New York City.
The complaint describes the law as “a troubling example of the disorder that may arise when states exceed their authority.”
The filing contends that New York is wrongly assigning blame to a limited number of energy producers for the global greenhouse gas emissions that result from various sources.
“During that time period, coal, oil, and natural gas were vital to New York. They played crucial roles in powering Albany, manufacturing steel for the iconic skyscrapers in New York City, and fueling the activities essential for bustling New York ports,” the lawsuit states.
Along with West Virginia, the collaborating states 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.
