West Virginia Attorney General JB McCuskey believes that energy independence provides national security, so West Virginia's abundant natural resources—coal, oil and natural gas—are not liabilities to be regulated away, but strategic assets to be defended. States should not be subjected to regulatory overreach by federal agencies or economic warfare by other states seeking to impose their climate policies on energy-producing communities. The Office’s mission is therefore to protect America's security and ensure consumers have reliable and affordable energy.
"We finally have common sense driving energy policy on the national level, but radical state and local governments are now stepping in to continue the war on coal. We cannot allow this to happen."
leading the charge against Climate superfunds
The West Virginia Attorney General's Office is leading the charge against damaging “Climate Superfund” laws, which threaten the nation's energy interests.
So far, Attorney General McCuskey, and a coalition of other attorneys general, have filed lawsuits against New York and Vermont for their unconstitutional attempt to retroactively punish energy producers for legally producing energy. These suits explain that the New York and Vermont laws are preempted by federal law. What’s more, the laws violate the U.S. Constitution’s Commerce Clause, due process clause, equal protection clause, excessive fines clause, and takings clause.
WHAT ARE CLIMATE SUPERFUNDS & WHY ARE THEY A THREAT TO THE NATION'S ENERGY INTERESTS?
- The laws threaten America’s energy independence by punishing energy producers for decades of prior energy production.
- Vermont targets energy production from 1995 – 2024; New York from 2000 – 2018.
- 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.
- Both New York and Vermont used and profited from the use of fossil fuels during the decades in question.
- The Climate Superfund laws target only select traditional energy producers with crippling penalties.
- In New York, the Superfund law could impose $75 billion in fines.
- In Vermont, there is no cap on the fines that could be levied against traditional energy producers
- The Climate Superfund laws will shift power production to countries like China, Russia, and India which operate under little to no environmental standards.
Find out more here:
NY Post Op-Ed: Sorry, New York: West Won't Clean Up Your Climate Mess
W.Va. AG McCuskey leads coalition challenging Vermont Superfund, which threatens America’s energy independence
Attorney General McCuskey leads multistate lawsuit against New York’s Climate Superfund Act
Here are other ways the Attorney General's Office is fighting to protect our nation's energy infrastructure:
- Attorney General McCuskey applauds $635 million investment in America’s coal industry
- Attorney General McCuskey leads comment letter endorsing rollback of EPA Climate Rules
- Attorney General McCuskey launches investigation into big tech companies
- Attorney General McCuskey leads coalition to support roll-back of Biden-Era rule that has harmed America’s energy independence
- Attorney General McCuskey joins coalition urging courts to dismiss attacks on energy companies
- Attorney General McCuskey co-leads coalition defending American energy producers
- Attorney General McCuskey joins coalition urging EPA to halt funding climate activist group
- Attorney General McCuskey leads coalition to stand up for West Virginia coal trucking company
- Attorney General McCuskey supports Trump’s bold action to bring back 'Beautiful Clean Coal'
- Attorney General McCuskey supports efforts to increase use of coal to support our nation’s growing energy needs
- Attorney General McCuskey opposes Maryland bill that targets coal producers
- Attorney General McCuskey co-leads multistate petition challenging EPA’s ‘Methane Tax Rule’
- Attorney General McCuskey, multistate coalition score win over California’s electric-truck mandate