22 states sue New York, alleging environmental fund is unconstitutional

West Virginia (AP) –Twenty-two states are suing New York, contending that a new law forcing energy companies to pay $75 billion into a fund to cover climate change damage is unconstitutional.

The lawsuit was filed Thursday in Albany.

It lists state Attorney General Letitia James and other officials as defendants.

According to a statement, Attorney General JB McCuskey is leading the coalition of states against New York’s Climate Superfund Act.

The law requires major fossil fuel companies to pay into the fund over the next quarter-century based on their past greenhouse gas emissions. 

In addition to West Virginia, the states joining the lawsuit are Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.