Lawsuit Seeks to Block New York’s Climate Change Law Targeting Energy Companies

Emboldened by President Trump, West Virginia and other states are challenging the Climate Change Superfund Act, which makes corporate polluters pay for past emissions.

​Emboldened by President Trump, West Virginia and other states are challenging the Climate Change Superfund Act, which makes corporate polluters pay for past emissions.   

Emboldened by President Trump, West Virginia and other states are challenging the Climate Change Superfund Act, which makes corporate polluters pay for past emissions.

Twenty-two states, led by West Virginia, are suing to block a recently approved New York law that requires fossil fuel companies to pay billions of dollars a year for contributing to climate change.

Under the law, called the Climate Change Superfund Act, companies that were the biggest producers of greenhouse gas emissions between the years 2000 and 2024 must pay a combined total of $3 billion annually for the next 25 years. New York lawmakers contend that the reach of the law extends to companies around the world.

The collected funds will help to repair and upgrade infrastructure in New York that is damaged or threatened by extreme weather, which is becoming more common because of emissions generated by such companies. Some projects could include the restoration of coastal wetlands, improvements to storm water drainage systems and the installation of energy-efficient cooling systems in buildings.

The measure, which was signed into law in December, is slated to begin collecting funds from companies in 2028.

At a news conference on Thursday unveiling the legal challenge, the attorney general of West Virginia, John B. McCuskey, said the legislation overreached by seeking to hold energy companies liable in New York no matter where they are based.

“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,” Mr. McCuskey said in a statement.

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