Upstate United: Climate Change Superfund Act Lawsuits Begin

February 7th, 2025

The following statement can be attributed to Justin Wilcox, executive director of Upstate United

“As of today, twenty-two states have filed lawsuits against New York’s ill-advised Climate Change Superfund Act (The Act). We have said all along that The Act is arbitrary in who it targets and won’t hold the world’s largest producers, like China, accountable. While there are serious questions about whether New York has the legal right to place tariffs on out-of-state producers, there is also the commonsense question of whether New York should penalize traditional energy companies for supplying resources that everyday New Yorkers depend on. The irony should not be lost on anyone, as New York is purchasing fossil fuels for snowplows and to heat state buildings at this very moment. 

“Instead of penalizing New Yorkers for continuing to rely on fossil fuels to keep warm during harsh winter weather, New York leaders must reverse course and do what’s right for those that they have been elected to represent.

“Just last week, Julie Moore, Vermont’s Secretary of the Agency of Natural Resources, summarized the realities of the situation best, ‘Ironically, in advancing specious arguments that we are not doing enough for climate change, advocates are drawing taxpayer resources and staff time away from implementation and into courtroom.’

“If we want to make progress in our climate goals while also truly prioritizing affordability, policymakers cannot continue to approve measures that pass costs down to consumers or spend hard-earned tax dollars on frivolous, predictable lawsuits.”