Vermont made headlines last year by introducing the nation’s first climate superfund law, aimed at enabling the state to recoup funds from fossil fuel companies to address the escalating costs associated with climate change. The law’s viability is now under threat due to escalating legal opposition.

On Thursday, the Justice Department initiated federal lawsuits against both Vermont and New York, who share this pioneering legislation. The federal government claims these measures represent an overreach of state power, essentially allocating the costs of state infrastructure projects to the oil industry.

In a related development, West Virginia’s Attorney General, John B. McCuskey, announced the state's intentions to challenge Vermont’s law. He argues that the legislation would drastically undermine the financial viability of coal, oil, and natural gas suppliers in the U.S. McCuskey’s office has already filed a similar lawsuit targeting New York’s initiative, which seeks $75 billion from energy companies over two and a half decades. He labeled Vermont’s law as particularly perilous due to its lack of financial limits.

The legal actions are further supported by McCuskey and 23 other state attorneys general, who aim to intervene in a lawsuit previously initiated by the U.S. Chamber of Commerce and the American Petroleum Institute in Vermont. West Virginia, a key player in natural gas and coal production, contends that the legal precedent could jeopardize the balancing act of benefiting from affordable energy while penalizing those who facilitate its production.