Wyoming Challenging New York’s Climate Superfund Act

Wyoming and 21 other states have filed a lawsuit challenging New York’s ill-disguised attempt to put more Wyoming coal companies out of business.  

Wyoming and its fellow energy states filed the lawsuit on February 6th in the Federal District Court of West Virginia.

New York’s Climate Superfund Act could impose $75 billion of liability on major fossil fuel companies by requiring them to pay into a state “climate Superfund” based on their past greenhouse gas emissions.

Wyoming and other states point out that only Congress has the power to regulate interstate commerce.

Congress has already regulated fossil fuels and greenhouse gas emissions through the Clean Air Act, which gives the Environmental Protection Agency this power.

New York’s law targets only out-of-state fossil fuel companies, a violation of the Equal Protection Clause of the Fourteenth Amendment to the US Constitution.

“Even with the change of policy from Washington, DC, some states are still attempting to bankrupt core Wyoming industries through claims of environmental harm in order to meet their budgetary needs,” Governor Gordon said. “I commend Attorney General Hill and her team for once again stepping up to protect Wyoming’s interests.”