Attorney General McCuskey leads multistate lawsuit against New York’s Climate Superfund Act
‘The State of New York believes it can seize control over the makeup of America’s energy industry’
CHARLESTON — West Virginia Attorney General JB McCuskey is leading a coalition of 22 attorneys general in a lawsuit challenging New York State’s Climate Superfund Act, a recently signed state law attacking America’s energy suppliers.
The Act could impose $75 billion of liability on major fossil fuel companies by requiring them to pay into a state “climate Superfund” based on their past greenhouse gas emissions.
The Climate Superfund Act punishes a group of energy producers for global greenhouse gases emitted from all sources into the atmosphere from 2000 to 2018. The Attorney General pointed out New York relied on coal, oil and natural gas during that time, keeping the lights on for New York City’s iconic skyscrapers and beyond.
“The iconic New York City skyline was built with the blood, sweat and labor of the men and women of our coalfields—from the steel in their skyscrapers, down to the electricity they use every day,” Attorney General McCuskey said. “The level of ungratefulness from the elites in New York for the sacrifices that continue to be made to give them the lavish lifestyle they enjoy is beyond the pale. This lawsuit is to ensure that these misguided policies, being forced from one state onto the entire nation, will not lead America into the doldrums of an energy crisis, allowing China, India and Russia to overtake our energy independence.”
The lawsuit points out the law will be devastating to traditional energy producers, including coal producers in West Virginia, leaving them with no other option than to cease operations, resulting in massive job losses.
“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,” McCuskey said. “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.”
Proceeds from New York’s Superfund are earmarked for “climate change projects” like storm water systems, road and transit projects and wetland restoration.
The civil lawsuit, filed Thursday in the U.S. District Court for the Northern District of New York Albany Division, lists New York Attorney General Letitia James, Interim Commissioner of the New York State Department of Environmental Conservation Sean Mahar, and Acting Tax Commissioner (New York State Department of Taxation and Finance) Amanda Hiller as defendants.
The coalition is asking the court to, among other things, issue an injunction and declare the Act preempted by federal statutes.
Joining McCuskey in the lawsuit are attorneys general from 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. Alpha Metallurgical Resources, Inc., the West Virginia Coal Association, Gas and Oil Association of West Virginia, and America’s Coal Associations are also joining in the fight.
About West Virginia’s Energy Industry:
• In 2023, West Virginia produced 84.6 million tons of coal and was the second highest coal-producing state in the U.S.
• West Virginia is also a leader in natural gas production. The natural gas, pipeline and construction sectors provide thousands of jobs to hardworking West Virginians.
• Fossil fuels account for more than 83% of American energy—employ millions of workers and contribute billions of dollars to the economy each year.