ALA Statement on Victory Against New York Superfund: West Virginia v. James

August 31, 2026

This ruling in New York is a major victory for American consumers, striking down a radical attempt to impose $75 billion in retroactive liability on American energy producers.

The court confirmed an important principle: states cannot use climate liability schemes to override federal authority and dictate national energy policy.

We will continue pushing Congress to pass the Stop Climate Shakedowns Act to prevent this kind of state overreach, and reaffirm Congress’s authority over interstate and international greenhouse gas emissions.