Trump, 24 States Sue New York, Vermont Over Laws Charging Fossil Fuel Companies for Climate Change
The U.S. Justice Department announced that it has filed complaints in U.S. District Courts against the states of New York and Vermont over their respective climate change “Superfund” laws, aimed at fining energy companies for their contributions to climate change. Separately, a group of 24 U.S. State Attorneys General announced that they have joined a lawsuit against the Vermont Superfund laws as well.
Vermont’s legislature passed its Superfund law in May 2024, with New York following later in the year with its own version. The laws would require fossil fuel companies to pay a share of the climate-related losses and investments in infrastructure needed to adapt to climate change, proportionate to their contribution to greenhouse gas emissions. The New York law is anticipated to require fossil fuel companies to pay approximately $75 billion through 2050, or about $3 billion per year.
The launch of the Justice Department action follows an executive order signed by President Trump in April, directing the U.S. Attorney General to identify all state and local laws and regulations “burdening the identification, development, siting, production, or use of domestic energy resources that are or may be unconstitutional,” with priority given to laws “purporting to address “climate change” or involving “environmentalEnvironmental criteria consider how a company performs as a steward of nature. More, socialSocial criteria examine how it manages relationships with employees, suppliers, customers, and the communities where it operates. More, and governanceGovernance deals with a company’s leadership, executive pay, audits, internal controls, and shareholder rights. More” initiatives, “environmentalEnvironmental criteria consider how a company performs as a steward of nature. More justice,” carbon or “greenhouse gas” emissions,” and to take action to stop the enforcement of the laws.
Trump’s executive order specifically called out the New York and Vermont laws, referring to them as “a “climate change” extortion law.”
In a statement announcing the launch of the complaint, U.S. Attorney General Pamela Bondi said:
“These burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country’s economic and national security. The Department of Justice is working to ‘Unleash American Energy’ by stopping these illegitimate impediments to the production of affordable, reliable energy that Americans deserve.”
At the state level, 24 Attorneys General, led by West Virginia AG JB McCuskey, joined an existing suit brought by the U.S. Chamber of Commerce and the American Petroleum Institute against the Vermont law. McCuskey also led a similar coalition in filing a suit against the New York law in February. In a statement announcing the new suit, the West Vriginia AG’s office said that the law “will be devastating to traditional energy producers,” potentially leading them to ceasing operations and shifting power production to states with lower environmentalEnvironmental criteria consider how a company performs as a steward of nature. More standards such as China, India and Russia.
McCuskey said:
“Our coalition stood up to New York to stop this madness and we have once again joined forces to stand up to Vermont to ensure America’s energy independence and to protect consumers nationwide. If this law stands, it’s those consumers who will be left paying the price for this ridiculous attempt by Vermont to line their coffers under the guise of ‘climate change.”
States joining West Virginia in the suit include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming.
