CHARLESTON, W.Va. — West Virginia Attorney General JB McCuskey is leading a coalition of 24 attorneys general in challenging Vermont’s Climate Superfund Act. Vermont’s dangerous law, like the one passed in New York, will fine America’s coal, oil and natural gas suppliers into oblivion. 

Shockingly, Vermont’s superfund law may be even more dangerous than New York’s. The act punishes a small group of domestic energy producers for global greenhouse gas emissions from all sources from 1995 to 2024. During that time, coal, oil and natural gas producers were following state and federal regulations, and Vermont had no issue using the affordable and reliable fuel produced to power their state. 

Now, they are attempting to penalize those energy suppliers through their Superfund Act. The Act has no cap, so the fines levied against decades of past energy production could be in the billions. 

“Our coalition stood up to New York to stop this madness and we have once again joined forces to stand up to Vermont to ensure America’s energy independence and to protect consumers nationwide. If this law stands, it’s those consumers who will be left paying the price for this ridiculous attempt by Vermont to line their coffers under the guise of ‘climate change,’” Attorney General McCuskey said. “This shakedown of the companies who built America is unfathomable, unconstitutional and a slap in the face to all of the hardworking men and women who built this country and continue working to keep the lights on.”

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. It will also shift power production to countries like China, India and Russia, which operate under little to no environmental standards. 

As part of his Executive Orders to protect our nation’s energy interests, President Trump promised federal reinforcements to help West Virginia and other states fight these types of superfund laws. Delivering on that promise, the U.S. Department of Justice also filed a lawsuit Thursday challenging Vermont’s law.

“We are thankful for President Trump’s bold actions to protect and bolster our coal and natural gas industries. With his support, we will win our fight against these extremist laws and ensure other states do not follow suit,” Attorney General McCuskey said.

The West Virginia-led state coalition asked Thursday to join an existing suit brought by the U.S. Chamber of Commerce and the American Petroleum Institute filed in the U.S. District Court of Vermont. The suit lists Secretary of the Vermont Agency of Natural Resources Julie Moore and Director of the Vermont Agency of Natural Resources Climate Action Office Jane Lazorchak as defendants. 

The coalition is asking the court to, among other things, issue an injunction and declare the Act preempted by federal statutes.

Alongside West Virginia, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming are seeking to join the lawsuit.

Read the coalition's lawsuit here​.

  

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