Forum
U.S. District Court for the Southern District of New York
Case Status
Pending
Docket Number
Additional Information
U.S. Chamber Sues New York Over Costly Retroactive Liability Law, Cautions Against Similar Action from Other StatesCase Updates
U.S. Chamber coalition files lawsuit challenging New York's imposition of retroactive penalties on energy companies for lawful emissions, as preempted by the U.S. Constitution and federal law, and in violation of the Fifth, Eighth, and Fourteenth Amendments
February 28, 2025
The U.S. Chamber of Commerce, along with the American Petroleum Institute, the National Mining Association, and the Business Council of New York, filed a lawsuit against the state of New York over its new retroactive liability law, which attempts to extract billions of dollars from energy companies lawfully operating in the state going back 25 years. The lawsuit argues that the U.S. Constitution precludes the new law and that the law is preempted by the Clean Air Act.
Steven P. Lehotsky, Scott A. Keller, Michael B. Schon, Matthew H. Frederick, Jared B. Magnuson, and Meredith R. Criner of Lehotsky Keller Cohn LLP served as outside counsel.