New York ‘polluters pay’ law backcharging oil, gas companies faces Republican AGs’ lawsuit: ‘Devastating’
In a bold move, newly-elected West Virginia Attorney General J.B. McCuskey has taken a stand against New York’s controversial Climate Change Superfund Act. This law, signed by Governor Kathy Hochul, retroactively charges energy companies billions of dollars for pollution dating back to 2000. McCuskey, in an exclusive interview with Fox News Digital, called the law unconstitutional and vowed to fight it alongside other state partners.
The lawsuit filed by McCuskey alleges that the Climate Change Superfund Act unfairly targets traditional energy producers, imposing massive financial liabilities on them regardless of whether they operate in New York. The lawsuit argues that all energy sources, including renewable ones, create some level of pollution, and that traditional energy should not be singled out for punitive measures.
According to the complaint, the financial burden imposed by the law will not fall on New York consumers but will instead be passed on to producers and consumers in other states. The lawsuit also claims that New York intends to use these funds to subsidize its own infrastructure projects, such as a new sewer system in New York City that has been damaged by extreme weather events.
The lawsuit, filed in the U.S. District Court for the Northern District of New York Albany Division, names several New York officials, including Attorney General Letitia James and various department heads. McCuskey emphasized that the law unfairly targets working-class Americans and pits them against the elites who push for such legislation.
Joining McCuskey in the lawsuit are attorneys general from 18 other states, as well as industry associations representing coal, oil, and gas producers. The lawsuit highlights the potential devastating impact the law could have on traditional energy producers, potentially forcing them to shut down operations entirely.
The Climate Change Superfund Act, first introduced under the Biden administration, aims to hold fossil fuel companies accountable for their role in climate change by requiring them to contribute $75 billion over the next 25 years to a dedicated fund for climate resilience projects. Critics argue that the punitive nature of the law could have far-reaching consequences for the energy industry as a whole.
This legal battle comes at a time when the Trump administration is rolling back climate commitments and prioritizing domestic fossil fuel production. Trump’s recent executive orders aim to boost oil, gas, and coal projects while withdrawing the U.S. from global climate agreements.
As the lawsuit unfolds, it will be interesting to see how New York responds to the legal challenge and how the energy industry adapts to the changing regulatory landscape. Stay tuned for updates on this developing story.
