New York state is being sued by a coalition of 22 states that contend that a new law forcing a small group of major energy producers to retroactively pay for the costs of alleged climate change damage is unconstitutional.
The lawsuit was filed in the U.S. District Court for the Northern District of New York Albany Division on Feb. 6.
It lists New York Attorney General Letitia James, Interim Commissioner of the New York State Department of Environmental Conservation Sean Mahar, and Acting Tax Commissioner Amanda Hiller as defendants.
“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,” 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.”
McCuskey said the lawsuit seeks 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.”
New York’s Climate Change Superfund Act was signed into law by Gov. Kathy Hochul in December 2024.
The companies would be required to make the payments for the next 25 years, amounting to a total of $75 billion.
The legislation applies to companies that the state’s Department of Environmental Conservation considers responsible for more than 1 billion tons of greenhouse gas emissions during the 18-year period.
Attorneys General Condemn ‘Overreach’
“Based on decades of research it is now possible to determine with great accuracy the share of greenhouse gases released into the atmosphere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emissions during a given time period,” the legislation states.The measure states that New York will likely have to spend “several hundred billion dollars” through 2050 on climate adaptation investments.
They argued that the energy producers fully complied with federal law and “could not have reasonably expected that they would be punished for their lawful behavior.”
According to the lawsuit, the superfund is preempted by the federal Clean Air Act, and forcing energy producers to pay the billions of dollars could leave them with no choice but to cease operating, resulting in massive job losses.
“The State of New York believes it can seize control over the makeup of America’s energy industry,” the lawsuit states. “In an unprecedented effort, New York has set out to impose tens of billions of dollars of liability on traditional energy producers disfavored by certain New York politicians.”
Joining McCuskey in the lawsuit are attorneys general from Alabama, Georgia, Iowa, Kentucky, Louisiana, Mississippi, South Dakota, Texas, and Wyoming, among other states.
Other plaintiffs include three coal trade groups and Alpha Metallurgical Resources, a large coal miner.
A spokesperson for Hochul told Reuters that the governor “believes corporate polluters should pay for the wreckage caused by the climate crisis—not everyday New Yorkers.”
“We look forward to defending this landmark legislation in court,” the spokesperson said.
The Epoch Times has contacted James’s office for comment.
