
NY climate lawsuit is about grabbing green, not going green
Fox News
NY is one of several states abusing the legal process to squeeze millions or even billions of dollars out of energy companies. The states want the money for a climate superfund.
Like the failed climate cases, the superfund law is New York’s attempt to carve out climate policy that, under the Clean Air Act, is ground claimed by the federal government to the exclusion of the states. Donald J. Kochan is a professor of law and executive director of the Law & Economics Center at George Mason University’s Antonin Scalia Law School.
A civil lawsuit challenging the New York law has also been filed in federal court on February 6 by state attorneys general, representing 22 states that will be harmed if New York’s law can extraterritorially limit energy production in those states. The states persuasively allege multiple counts of unconstitutional overreach.

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