CHARLESTON- Earlier this week, the US District Court for the Northern District of New York called the state’s Climate Change Superfund Act “unenforceable.” Following that announcement, West Virginia Attorney General JB McCuskey is claiming victory for his state’s massive energy business that could of, in his office’s estimates, cost $75 billion in fines to fossil fuel producers.
“This is a major victory in the fight against liberal states, trying to balance their budgets on the backs of our hard-working men and women in the coal, oil and gas industries. We were the first to challenge this law because we saw it for what it was – a money grab by the elites in New York, who want to punish West Virginians for doing the jobs that enable them to heat their homes and build their cities. West Virginians can’t afford more liberal policies that jack up electricity and transportation costs. Thankfully, New York politicians can’t put their hands in West Virginia families’ pocketbooks now,” Attorney General McCuskey said.
In late July, the Court heard arguments in West Virginia v. James from the West Virginia Attorney General, the Trump Administration and attorneys representing the coal, oil and natural gas industries.
Chief Judge Brenda Sannes this week issued a written ruling in favor of West Virginia, holding that the Climate Change Superfund Act was “simply beyond the limits of state law.” New York’s law conflicts with federal interests in applying uniform air pollution regulations, she said. Continuing, the federal Clean Air Act provides exclusive rules for regulating interstate air pollution. Because New York’s law is inconsistent with the Clean Air Act, it cannot be enforced. The Court also ruled that the foreign affairs doctrine preempted the Superfund law’s attempt to regulate international emissions.
This victorious ruling is the first on this issue. West Virginia is currently also challenging a similar Superfund law in Vermont. Legislation is also pending in several other states.
AG McCuskey says that New York’s statute targeted energy production from 2000 – 2024. During that time, energy producers were following the law, as they were regulated by the EPA and subject to state laws that allowed them to LEGALLY produce energy for the nation.
The Climate Change Superfund law in New York specifically aimed at imposing $75 billion in fines only targeted at traditional energy producers.
AG McCuskey, his office, federal partners, and others argued that, if the law were permitted to stand, Climate Superfund laws would shift power production to countries like China, Russia, and India which operate under little to no environmental standards. Job loss would then be coupled with rising energy prices.