Oklahoma Attorney General Gentner Drummond is claiming a legal victory after a federal court struck down New York’s Climate Change Superfund Act.
The law sought to collect $75 billion from energy producers based on past greenhouse gas emissions tied to fossil fuel production. Drummond joined a coalition of attorneys general challenging the law, arguing it improperly penalized companies for previously lawful energy production.
“Climate Superfund laws threaten America’s energy independence by punishing energy producers for decades of prior energy production,” Drummond said. “Energy producers have followed the law and should not be hit with crippling, erroneous fines.”
The U.S. District Court for the Northern District of New York ruled the law was unenforceable, finding it conflicted with federal law governing interstate air pollution.
The court determined the federal Clean Air Act provides the governing framework for regulating interstate air pollution and that New York could not impose its own requirements inconsistent with federal law. The court also ruled the law’s attempt to regulate international emissions was preempted under the foreign affairs doctrine.
Oklahoma joined 21 other states in challenging the law. The Trump administration and representatives of the coal, oil and natural gas industries also opposed the measure.
