Attorney General Mike Hilgers Helps Secure Major Legal Victory against NY's Climate Change Superfund Act

Today, Attorney General Mike Hilgers announced the U.S. District Court for the Northern District of New York struck down New York’s Climate Change Superfund Act, declaring the law unenforceable. The law aimed to impose $75 billion in fines to energy producers for prior lawful energy production. AG Hilgers joined a coalition of attorneys general, led by West Virginia Attorney General JB McCuskey, to challenge the law. The Trump Administration and attorneys representing the coal, oil, and natural gas industries also joined the fight.

“Today’s victory marks yet another win against the coastal states that keep trying to export their radical green agenda to Nebraska," stated Attorney General Mike Hilgers. "Energy is the future, and we will continue to push back against states that want to make it harder for companies to unleash American energy. Today’s ruling will help keep lights on, our houses cool, and costs low for consumers.”

In late July, the Court heard arguments in West Virginia v. James. Chief Judge Brenda Sannes today issued a written ruling in favor of West Virginia. The Court held 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. 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. The West Virginia led coalition is currently also challenging a similar Superfund law in Vermont. Legislation is also pending in several other states.

Background on the challenge of New York’s Climate Change Superfund Act: 

• Climate Superfund laws threaten America’s energy independence by punishing energy producers for decades of prior energy production - 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.

• New York used and profited from the use of fossil fuels during the years in question.

• The Climate Change Superfund Act targeted only select traditional energy producers with crippling penalties. - In New York, the Climate Superfund law aimed to impose $75 billion in fines.

Nebraska joined West Virginia, Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming in the lawsuit.

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