CHARLESTON, W.Va. -- Today, West Virginia Attorney General JB McCuskey announced the U.S. District Court for the Northern District of New York struck down New York’s Climate Change Superfund Act, declaring the law unenforceable. The law aimed to impose $75 billion in fines to energy producers, including West Virginia-based coal and natural gas companies, for prior lawful energy production.
“This is a major victory in the fight against liberal states, trying to balance their budgets on the backs of our hard-working men and women in the coal, oil and gas industries. We were the first to challenge this law because we saw it for what it was – a money grab by the elites in New York, who want to punish West Virginians for doing the jobs that enable them to heat their homes and build their cities. West Virginians can’t afford more liberal policies that jack up electricity and transportation costs. Thankfully, New York politicians can’t put their hands in West Virginia families’ pocketbooks now,” Attorney General McCuskey said.
In late July, the Court heard arguments in West Virginia v. James from the West Virginia Attorney General, the Trump Administration and attorneys representing the coal, oil and natural gas industries.
Chief Judge Brenda Sannes today issued a written ruling in favor of West Virginia. The Court held that the Climate Change Superfund Act was “simply beyond the limits of state law.” New York’s law conflicts with federal interests in applying uniform air pollution regulations. The federal Clean Air Act provides exclusive rules for regulating interstate air pollution. Because New York’s law is inconsistent with the Clean Air Act, it cannot be enforced. The Court also ruled that the foreign affairs doctrine preempted the Superfund law’s attempt to regulate international emissions.
This victorious ruling is the first on this issue. West Virginia is currently also challenging a similar Superfund law in Vermont. Legislation is also pending in several other states.
Background on West Virginia’s Challenge of New York’s Climate Change Superfund Act:
• Climate Superfund laws threaten America’s energy independence by punishing energy producers for decades of prior energy production.
- New York’s statute targeted energy production from 2000 – 2024.
• During that time, energy producers were following the law, as they were regulated by the EPA and subject to state laws that allowed them to LEGALLY produce energy for the nation.
• New York used and profited from the use of fossil fuels during the years in question.
• The Climate Change Superfund Act targeted only select traditional energy producers with crippling penalties.
- In New York, the Climate Superfund law aimed to impose $75 billion in fines.
• West Virginia challenged the law because if permitted to stand, Climate Superfund laws would shift power production to countries like China, Russia, and India which operate under little to no environmental standards. Job loss would then be coupled with rising energy prices – hurting every West Virginia family.
• West Virginia Attorney General JB McCuskey filed a lawsuit against New York for its Climate Superfund law in February 2025.
Read the order here.