A coalition of 22 U.S. State Attorneys General, led by West Virginia AG JB McCuskey, has filed a federal lawsuit challenging New York’s Climate Change Superfund Act. This legislation mandates fossil fuel companies to contribute approximately $75 billion through 2050—around $3 billion annually—to fund climate adaptation infrastructure in New York, proportionate to their greenhouse gas emissions.

Legal Challenges and Constitutional Claims

The lawsuit alleges that the Superfund Act violates the U.S. Constitution, New York Constitution, and federal law. Key arguments include:

Federal Preemption: The Act allegedly encroaches on federal jurisdiction, as the Clean Air Act assigns authority over greenhouse gas emissions to the EPA, not individual states.
Interstate Conduct: The suit claims that New York cannot penalize companies for emissions outside its borders.
Economic Impact: The coalition argues the law could devastate traditional energy producers, drive up energy costs nationwide, and disrupt U.S. foreign policy.
Retroactive Penalties: The Act purportedly imposes unfair, retroactive penalties on companies that lawfully extracted and refined fossil fuels.
Excessive Fines: Plaintiffs argue the financial burden constitutes an unconstitutional excessive fine.

Statements and Reactions

McCuskey condemned the law as unconstitutional overreach, stating:

"This law is unconstitutional, and I am proud to lead this coalition of attorneys general and brave private energy companies and industry groups in our fight to protect against this overreach. 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."

Broad Coalition of States

The lawsuit includes 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.

Implications

This legal battle underscores the tension between state-led climate initiatives and federal regulatory frameworks, with potential ramifications for climate policy, energy markets, and intergovernmental relations across the U.S.