Justice Dept. files complaint against NYS for state climate actions

NEW YORK (WBNG) — On June 4, the Justice Department filed complaints against New York over its New York Climate Change Superfund Act.

The Justice Department stated that President Trump directed the Attorney General to stop the enforcement of state laws that unreasonably hinder domestic energy development, ensuring that energy will once again be reliable and affordable for all Americans.

“These burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country’s economic and national security,” said Attorney General Pamela Bondi. “The Department of Justice is working to ‘Unleash American Energy’ by stopping these illegitimate impediments to the production of affordable, reliable energy that Americans deserve.”

The department said these laws would impose strict liabilities on energy companies for extracting or refining fossil fuels. The laws assess the harms done to the state that contribute directly to climate change, and create penalties for the companies.

The New York law seeks $75 billion from energy companies.

The Justice Department’s complaints alleged that the New York Climate Change Superfund Act is preempted by the federal Clean Air Act and by the federal foreign affairs power, and the act violates the U.S. Constitution.

The Justice Department seeks a declaration that this state law is unconstitutional and an injunction against their enforcement.

In the same action, the department filed complaints against Vermont’s Climate Superfund Act. In addition, the Justice Department filed lawsuits against Hawaii and Michigan to stop them from suing fossil fuel companies to seek damages for alleged climate change harms.

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