FEBRUARY 10, 2025|
Photo – Jim Bridger Power Plant – Bigfoot99 file photo
The State of Wyoming and 21 other states announced a lawsuit on Friday, challenging New York’s attempt to put more coal companies out of business. Wyoming and the other energy-producing states filed the lawsuit on February 6th in the Federal District Court of West Virginia.
New York’s Climate Superfund Act would impose $75 billion of liability on major fossil fuel companies, requiring them to pay into a state “climate Superfund” based on their past greenhouse gas emissions.
Wyoming and the other states say 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 state law targets only out-of-state fossil fuel companies, a violation of the Equal Protection Clause of the Fourteenth Amendment to the US Constitution.
Wyoming Governor Mark Gordon said the law is out of line and the lawsuit protects the state’s interests.
“Even with the change of policy from Washington, DC, some states are still attempting to bankrupt core Wyoming industries through claims of environmental harm.”
Governor Gordon said the real motivation of New York was to supplement its depleted budget more than environmental concerns.
Other plaintiffs include the top five coal producing states in the country: Topping the list is Wyoming, which accounts for 41% of the nation’s coal production. The next four states: West Virginia, Pennsylvania, Illinois and Montana, which together produce 33% of the nation’s coal production.
Named in the lawsuit is the outspoken critic of President Donald Trump, New York Attorney General Letitia James. The plaintiffs claim in the court filing that New York “believes it can seize control over the makeup of America’s energy industry.”
