ALBANY, N.Y. — On Thursday, a coalition of 22 states initiated legal action against New York, arguing that a newly enacted law mandating a select group of major energy corporations to contribute $75 billion to a fund addressing climate change impacts is unconstitutional.
The lawsuit, lodged in Albany, names state Attorney General Letitia James along with other officials as defendants. West Virginia Attorney General JB McCuskey spearheaded this coalition in opposition to New York’s Climate Change Superfund Act, which imposes financial contributions for damage incurred from 2000 to 2018.
According to the law, significant fossil fuel companies will be obligated to pay into the fund over a 25-year timeframe, corresponding to their historical greenhouse gas emissions.
“This lawsuit aims to ensure that misguided policies originating in one state do not steer the entire nation towards an energy crisis, which could allow foreign nations like China, India, and Russia to eclipse our energy independence,” McCuskey stated in a press release.
“I am honored to lead this coalition of attorneys general alongside courageous private energy firms and industry associations in our endeavor to combat this overreach,” he continued. “If we permit New York to continue down this path, it will not be long before other states follow suit, jeopardizing our nation’s power infrastructure.”
In response to the lawsuit, Paul DeMichele, a representative for Democratic Governor Kathy Hochul’s office, expressed optimism about defending the legislation in court and prevailing over large oil corporations once more.
The lawsuit criticizes New York for attempting to compel energy producers and consumers outside of its borders to subsidize specific infrastructure projects within New York, including a new sewer system in New York City.
It labeled the law as “a troubling illustration of what can happen when states exceed their authority.” The lawsuit suggests that New York is unjustly attributing global greenhouse gas emissions to a limited number of energy producers while neglecting the broader context of emissions from various sources.
The lawsuit highlights that, during the specified period, coal, oil, and natural gas played essential roles in powering New York, maintaining services in Albany, supporting the manufacturing of steel for its iconic skyscrapers, and fueling the activities of New York’s bustling ports.
Aside from West Virginia, the 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.
