Speaking of legal challenges to state climate laws … 24 state attorneys general also entered the fray, joining a lawsuit brought by the U.S. Chamber of Commerce and the American Petroleum Institute. ESG Today writes:
“At the state level, 24 Attorneys General, led by West Virginia AG JB McCuskey, joined an existing suit brought by the U.S. Chamber of Commerce and the American Petroleum Institute against the Vermont law. McCuskey also led a similar coalition in filing a suit against the New York law in February. In a statement announcing the new suit, the West Vriginia [sic] AG’s office said that the law ‘will be devastating to traditional energy producers,’ potentially leading them to ceasing operations and shifting power production to states with lower environmental standards such as China, India and Russia”
In the past, the Supreme Court has taken a hands-off approach to state-led climate action. Notably, SCOTUS declined to hear challenges to state-led climate litigation brought by both a similar coalition of red state attorneys general and those brought by industry groups. States are increasingly looking for ways to pay for climate damages and new resilient infrastructure. If the courts shut down new state superfund laws, then states may have to look to alternative methods of funding. Making matters worse, the federal government has also recently frozen funds designed to help communities rebuild from and adapt to new climate threats. Climate-related weather risks are only going to get worse in the coming years, and current court battles will decide who foots the bill.
Our members can learn more about climate litigation here.
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