September 1, 2026 - West Virginia has become the first state to successfully challenge a New York bill that would bring restrictions to energy producers.

State Attorney General J.B. McCuskey announced that the U.S. District Court for Northern New York ruled in favor of West Virginia in its contest of the Climate Change Superfund Act. According to McCuskey’s office, the law would have brought $75 billion in fines to the energy industry nationwide, which included coal and natural gas companies in the Mountain State. The law has to do with environmental air pollution standards.

McCuskey said that the fines would have penalized “prior lawful energy production” and commended the federal court’s adjudication.

“This is a major victory in the fight against liberal states, trying to balance their budgets on the backs of our hard-working men and women in the coal, oil and gas industries,” McCuskey said. “We were the first to challenge this law because we saw it for what it was — a money grab by the elites in New York, who want to punish West Virginians for doing the jobs that enable them to heat their homes and build their cities.”

“West Virginians can’t afford more liberal policies that jack up electricity and transportation costs,” McCuskey added. “Thankfully, New York politicians can’t put their hands in West Virginia families’ pocketbooks now.”

McCuskey filed a lawsuit against the law in February 2025. Chief Judge Brenda Sannes presided over the case. McCuskey, along with members of the Trump administration and attorneys representing the energy industries, all argued before the court in late July.

Sannes’ decision found that the Climate Change Superfund Act was “simply beyond the limits of state law.” According to McCuskey’s office, the Superfund Act is inconsistent with the federal Clean Air Act and is therefore unenforceable.

“West Virginia challenged the law because if permitted to stand, Climate Superfund laws would shift power production to countries like China, Russia, and India which operate under little to no environmental standards,” a statement from McCuskey’s office said. “Job loss would then be coupled with rising energy prices — hurting every West Virginia family.”

McCuskey’s office said that the state is also contesting a similar law in Vermont.