McCuskey, 23 State AGs Sue Vermont Over Climate Law

West Virginia is leading a coalition of states in a lawsuit challenging Vermont’s Climate Superfund law. 

Attorney General J.B. McCuskey and 23 other state attorneys general took Vermont to federal court in a lawsuit filed late Thursday.

They’re challenging a Vermont law enacted last year that imposes fines on fossil fuel producers for the greenhouse gas emissions they caused over a 30-year period.

The states, along with the U.S. Chamber of Commerce and the American Petroleum Institute, say the law violates the U.S. Constitution.

“This shakedown of the companies who built America is unfathomable, unconstitutional and a slap in the face to all of the hardworking men and women who built this country and continue working to keep the lights on,” McCuskey said.

They say Vermont is preempted by the U.S. Environmental Protection Agency and the Clean Air Act from regulating greenhouse gas emissions.

Kentucky, Indiana and Tennessee joined West Virginia’s lawsuit.

Earlier this year, West Virginia sued New York over a similar law.

“Our coalition stood up to New York to stop this madness and we have once again joined forces to stand up to Vermont to ensure America’s energy independence and to protect consumers nationwide,” McCuskey said.

The U.S. Justice Department, meanwhile, sued Vermont and New York over their climate laws Thursday.