CHARLESTON – West Virginia Attorney General J.B. McCuskey is leading a group of 22 Republican AGs in challenging a recently signed New York law that seeks to collect $75 billion from fossil fuel companies for past greenhouse gas emissions.
The coalition led by McCuskey filed the lawsuit February 6 in federal court in New York. Other parties in the suit include the West Virginia Coal Association, the Gas and Oil Association of West Virginia and Alpha Metallurgical Resources.
“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,” McCuskey said. “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.”
The New York Climate Superfund Act was signed into law December 26. It is meant to recover $3 billion per year for the next 25 years from major coal, oil and gas producers to cover the costs associated with climate disasters such as floods and to build infrastructure to help prevent similar events. Some of the climate change projects the fund could be used for include storm water systems, road and transit projects and wetland restoration.
The law requires unnamed companies to pay for their “historic contribution to the buildup of greenhouse gasses ... responsible for climate change.”
McCuskey says the New York law attacking America’s energy suppliers.
“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,” he 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.
“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. …
“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.”
In the complaint, the coalition says the law will be devastating to traditional energy producers, likely forcing them to go out of business and creating massive job losses.
The lawsuit lists New York Attorney General Letitia James, interim Department of Environmental Conservation Commissioner Sean Mahar and acting Tax Commissioner Amanda Hiller as defendants.
The coalition seeks to have the law preempted by federal statutes and to get an injunction to stop implementation of the law.
In 2023, West Virginia produced 84.6 million tons of coal and was the second highest coal-producing state in the United States. West Virginia also is a leader in natural gas production that provides thousands of jobs to West Virginians.
Fossil fuels account for more than 83 percent of American energy. The industry employs millions of workers and contributes billions of dollars to the economy each year.
Joining McCuskey in the lawsuit are attorneys general from 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.