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22 States Sue New York Over Climate Change Fund

A thick haze hangs over Manhattan in New York on July 20, 2021. (AP Photo/Julie Jacobson, File)

Twenty-two states have filed a lawsuit against New York state, challenging a new law that mandates major energy producers to pay $75 billion into a fund to cover climate change damages. The lawsuit, filed in Albany, New York, lists Attorney General Letitia James and other state officials as defendants.

The coalition of states, led by West Virginia Attorney General JB McCuskey, is contesting the constitutionality of the New York state Climate Change Superfund Act. This law requires significant fossil fuel companies to make payments into the fund over the next 25 years based on their past gas emissions.

McCuskey expressed concerns that such policies could lead to an energy crisis in the United States, potentially allowing other countries like China, India, and Russia to surpass American energy independence. He emphasized that the lawsuit aims to prevent this overreach and protect the nation's power grid.

The lawsuit accuses New York state of attempting to compel energy producers and consumers in other states to subsidize specific infrastructure projects within New York, such as a new sewer system in New York City. It criticizes the law as an example of state overreach that could lead to chaos.

Furthermore, the lawsuit argues that blaming a small group of energy producers for global greenhouse gas emissions overlooks the role of coal, oil, and natural gas in supporting New York's infrastructure and industries. These energy sources have historically powered the state, from lighting up Albany to fueling the steel manufacturing for New York City's iconic skyscrapers.

In addition to West Virginia, the states joining the lawsuit include 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.

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