Wyoming Joins Lawsuit Against New York’s Climate Superfund Act

Wyoming, along with 21 other states, has filed a lawsuit challenging New York’s Climate Superfund Act, arguing that it unfairly targets fossil fuel companies and oversteps federal authority, Sheridan Media reports.

The lawsuit was filed on February 6 in the Federal District Court of West Virginia.

New York’s Climate Superfund Act seeks to impose up to $75 billion in liability on major fossil fuel companies. The law would require these companies to pay into a state-managed “climate Superfund” based on their historical greenhouse gas emissions. New York officials argue that the law holds polluters accountable for their role in climate change and helps fund state climate initiatives.

Wyoming and other states opposing the law contend that regulating fossil fuels and greenhouse gas emissions falls under federal jurisdiction. They point to the Clean Air Act, which grants the Environmental Protection Agency (EPA) the authority to regulate emissions, asserting that New York’s law conflicts with established federal regulations.

Additionally, the lawsuit argues that the law violates the US Constitution’s Equal Protection Clause because it disproportionately targets out-of-state fossil fuel companies. Wyoming leaders view the measure as an attempt to undermine the state’s coal industry and other energy sectors.

Governor Mark Gordon expressed strong opposition to the law, stating:

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