A group of Republican attorneys general is suing New York over a state law requiring fossil fuel companies to pay for extreme weather disasters.
The 22 red states are suing New York over its “climate Superfund” law, which could make companies pay $3 billion annually for the next 25 years.
The law is modeled off of the federal Superfund law which allows the Environmental Protection Agency to recoup costs from companies that are responsible for hazardous waste sites.
The suit argues that the law exceeds New York’s constitutional authority, saying, “The Founders recognized that certain categories of conduct are best regulated through nationwide rules.”
“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. 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,” said West Virginia Attorney General JB McCuskey in a written statement.
Besides West Virginia, the states suing were 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. They were joined by Alpha Metallurgical Resources, Inc., the West Virginia Coal Association, the Gas and Oil Association of West Virginia and America’s Coal Associations.
When she signed the law, New York Governor Kathy Hochul (D) argued that the actions of fossil fuel companies hurt New York residents.
“With nearly every record rainfall, heatwave, and coastal storm, New Yorkers are increasingly burdened with billions of dollars in health, safety, and environmental consequences due to polluters that have historically harmed our environment,” she said in a statement last year. “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.”
The Hill has reached out to New York’s attorney general and the Department of Environmental Conservation.
