As the Rockefeller-led, nationally-coordinated climate litigation campaign continues to lose momentum, anti-energy activists are pivoting to plan B: push climate superfund legislation that targets the U.S. energy industry with gigantic financial penalties at a time when energy affordability is a top concern for residents across the country.

Yet, this new approach is already running into massive blowback from legal experts, Democratic lawmakers, and even the officials tasked with implementing superfund bills. Over the past year, proposed legislation stalled or was voted down in California, New Jersey, Virginia, and elsewhere.

Ironically, the only two states to enact climate superfund laws—New York and Vermont—already have some of the highest energy costs in the country. Both states were swiftly sued by a broad coalition of plaintiffs, including energy trade associations and the U.S. Department of Justice, arguing the laws are unconstitutional.

Other states considering similar legislation are now watching closely, aware that their own proposals would likely face stiff challenges in the courtroom, while also becoming increasingly aware that their proposals would drive up energy costs on their own constituents.

Read more at EIDClimate.org.