New York State is prepared to battle nearly half of the country.
J.B. McCuskey, West Virginia’s Attorney General, is leading a multi-state lawsuit challenging New York’s Climate Superfund tax.
22 States Just Filed a Landmark Lawsuit Against New York State
The 22 attorneys general recently filed a landmark lawsuit challenging New York’s Climate Superfund Act.
McCuskey sees New York’s Climate Superfund Act as “attacking America’s energy suppliers.”
The legislation could impose an estimated ‘$75 of billion liability on major fossil fuel companies by requiring them to pay into a New York’s superfund, based on their past greenhouse gas emissions’.
What Is The Climate Superfund Act
Governor Hochul signed the “landmark legislation” shortly before the new year. According to her office, the act strengthens New York’s environmental protection and restoration efforts by “requiring large fossil fuel companies to pay for critical projects that protect New Yorkers.”
The new law requires major fossil fuel companies to contribute $75 billion over 25 years to a fund dedicated to addressing climate change damages and supporting infrastructure projects in New York.
“Establishing the Climate Superfund is the latest example of my administration taking action to hold polluters responsible for the damage done to our environment and requiring major investments in infrastructure and other projects critical to protecting our communities and economy,” Hochul told the crowd.
Officials in New York believe that fossil fuel companies should be held financially accountable for the environmental damage caused by their activities.
The Climate Change Superfund Act is intended to fund infrastructure projects aimed at mitigating the effects of extreme weather events and assisting underserved communities in the state.
What Has 22 States Banded Together Against New York?
The 22 solicitors general believe New York’s new law is unconstitutional, claiming it unfairly imposes financial burdens on a small group of energy producers for global greenhouse gas emissions.
They also believe the act will raise national energy costs and have a negative impact on the energy sector, potentially resulting in job losses.
West Virginia Attacks New York State
McCuskey attacked New York and Gov. Kathy Hochul, stating:
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. 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.
Gov. Hochul Responds: “Bring It On”
Gov. Hochul took to X (formerly Twitter) to respond to the lawsuit.
Bring it on. https://t.co/0T5Yj4aUW2— Governor Kathy Hochul (@GovKathyHochul) February 6, 2025
“Bring it on,” she simply stated.
Officials in New York believe fossil fuel companies should be held financially accountable for the alleged environmental damage caused by their operations.
They argue that the Climate Change Superfund Act will help fund infrastructure projects aimed at mitigating the effects of extreme weather events and assisting underserved communities in the state.
