States sue New York over unconstitutional environmental fund

Twenty-two states sued New York on Thursday, contending that a new law forcing a small group of major energy producers to pay $75 billion into a fund to cover climate change damage is unconstitutional.

The lawsuit, filed in Albany, New York, names Attorney General Letitia James and other state officials as defendants. Messages seeking comment were sent to the defendants.

According to a release, West Virginia Attorney General JB McCuskey led the coalition of states against New York's Climate Change Superfund Act, which requires payments for damage allegedly caused from 2000 to 2018.

The law mandates that major fossil fuel companies contribute to the fund over the next quarter-century based on their past gas emissions.

"This law is unconstitutional, and I am proud to lead this coalition of attorneys general, 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."

The lawsuit accuses New York of attempting to force energy producers and consumers in other states "to subsidize certain New York-based 'infrastructure' projects, such as a new sewer system in New York City."

It describes the law as "an ugly example of the chaos that can result when states overreach."

According to the lawsuit, New York seeks to blame a small group of energy producers for global greenhouse gases that entered the atmosphere from many sources.

"Yet coal, oil and natural gas were helping New York during that time. They helped keep the lights on in Albany, manufacture the steel that supported New York City's iconic skyscrapers, and fuel the industry that keeps New York's ports humming," the lawsuit said.

In addition to West Virginia, the states joining the lawsuit are 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.

(Cover: Niagara Falls has partially frozen due to extreme cold weather in New York, U.S., January 28, 2025. /VCG)