AG Labrador Secures Major Legal Victory against New York’s Climate Change Superfund Act

BOISE, ID – Attorney General Raúl Labrador announced today 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. Attorney General Labrador joined a coalition of attorneys general to challenge the law. The Trump Administration and attorneys representing the coal, oil, and natural gas industries also joined the fight.

Climate Superfund laws target select traditional energy producers with severe penalties for decades of prior energy production. New York’s statute specifically targeted energy production from 2000–2024 and aimed to impose $75 billion in fines, even while New York used and profited from the use of fossil fuels during those years. During that time, energy producers were regulated by the EPA and subject to state laws that allowed them to legally produce energy for the nation.

“New York forced their job-killing climate agenda on critical industries,” said Attorney General Labrador. “That $75 billion bill would have landed on Idaho families every time they filled up their truck or heated their home. Extortion disguised as regulation is unacceptable to our coalition, and the District Court agreed.” 

In late July, the Court heard arguments in West Virginia v. James. Chief Judge Brenda Sannes 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. This coalition of attorneys general is currently also challenging a similar Superfund law in Vermont. Legislation is also pending in several other states.

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

Read the order here.

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