The U.S. Justice Department is suing New York State over a 2024 climate law.
The Climate Change Superfund Act fines the largest greenhouse gas emission contributors between 2000 and 2018. That money goes into a fund, which will be used to help the state adapt to climate change.
The DOJ’s lawsuit stems from an executive order calling for the Attorney General to crack down on climate change laws. Kit Kennedy, the managing director for power at the Natural Resources Defense Council, said the lawsuit has no legal basis.
“It runs afoul of the Constitution and multiple federal laws,” said Kennedy, “which make clear states have the authority to shape their own energy and environmental pathways. As we all know, states have rights, whether the Trump Administration agrees with their policies or not.”
Vermont, Michigan, and Hawaii also face lawsuits from the DOJ for passing or considering similar laws. The DOJ says the states’ actions violate the Constitution and that the Clean Air Act specifically calls on the Environmental Protection Agency to regulate power plant pollutants.
Attorneys general from all four states are vowing to fight these lawsuits in court.
Fossil fuel companies opposed the Climate Change Superfund Act and threatened to raise prices statewide if enacted. Reports find the law could collect up to $75 billion over 25 years for climate change impacts from those companies.
Kennedy said she feels the DOJ is failing to fulfill its purpose by siding with major fossil fuel producers.
“What is the Department of Justice doing? They should be suing polluters that are impacting communities,” said Kennedy. “They shouldn’t be suing states that are trying to protect their own residents from polluters. So, they’ve really misunderstood their job here.”
Reports show New York faces more than $2 billion in climate change-related costs. And it’s estimated those costs could reach $10 billion yearly by 2050.
But, if nothing is done, projections suggest a major disaster in the next decade could cost the state $55 billion.
Edwin is a reporter and producer in North Tonawanda, New York. He’s previously reported for the Niagara Gazette and the Ithaca Times. Edwin got an early start in radio interning for WBFO-88.7FM, NPR’s Buffalo affiliate. In 2018, he graduated from SUNY Buffalo State College with a B.A. in Journalism, and in 2022, graduated from Syracuse University with an M.S. in Communications.