West Virginia Attorney General J.B. McCuskey has announced that he is leading a multi-state coalition in filing a federal lawsuit against New York over a new law that could impact the coal and natural gas industry. The Climate Change Superfund Act requires fossil fuel companies to pay into a fund based on their share of greenhouse gas emissions, potentially costing them up to $75 billion over the next 10 years. The law also targets companies that were legally complying with federal regulations and imposes strict limits on appealing determinations of liability. The lawsuit challenges the law as an overreach by New York state officials and a violation of federal laws. McCuskey was joined by representatives of the West Virginia Coal Association and GO-WV, who expressed their support for the legal action against what they called a “draconian law.” The New York law aims to collect funds for climate change resiliency infrastructure projects across the state but is facing opposition from states like West Virginia who argue that it unfairly targets energy-producing industries. The lawsuit names New York Attorney General Letitia James among others as defendants. McCuskey and the coalition aim to block the enforcement of the law and protect the interests of energy-producing states and industries.
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