Twenty-two states have initiated legal action against New York, alleging that a newly enacted law compelling a select group of major energy producers to contribute $75 billion to a fund for addressing climate change impacts is unconstitutional.
The lawsuit, presented in Albany, names Attorney General Letitia James and various state officials as defendants. It is spearheaded by West Virginia’s Attorney General JB McCuskey, representing a coalition opposing the New York state Climate Change Superfund Act, which mandates financial contributions based on gas emissions recorded from 2000 to 2018.
Under this law, significant fossil fuel companies are obligated to make payments into the fund over a 25-year period according to their historical emissions. McCuskey stated that the lawsuit aims to prevent what he describes as misguided policies from one state adversely affecting the energy landscape across the nation, potentially allowing countries like China, India, and Russia to surpass the U.S. in energy independence.
“This law is unconstitutional, and I take pride in leading this coalition of attorneys general along with courageous private energy companies and industry groups to combat this overreach,” he remarked. He also warned that if New York succeeds with this law, more states might follow, jeopardizing the country’s power grid.
Meanwhile, Paul DeMichele, a spokesperson for New York Governor Kathy Hochul, expressed confidence in defending the legislation in court, emphasizing a determination to challenge Big Oil once again.
The legal suit contends that New York is attempting to impose burdens on energy producers and consumers in other states to finance specific infrastructure projects, including a new sewer system in New York City. It describes the law as a troubling illustration of the potential turmoil that occurs when states overstep their authority.
According to the lawsuit, New York is unfairly attributing a significant portion of global greenhouse gas emissions to a handful of energy producers, despite acknowledging that coal, oil, and natural gas played vital roles in supporting New York during that period. These energy sources powered Albany, contributed to the manufacturing of materials for the city’s famous skyscrapers, and fueled crucial industries in New York’s bustling ports.
In addition to West Virginia, the other states participating 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.
