NJ Business and Labor Groups Unify in Strong Opposition to Proposed Climate Superfund Act

the staff of the Ridgewood blog

Trenton NJ, In a strong show of unity, New Jersey business leaders and labor representatives are continuing their fierce pushback against the proposed Climate Superfund Act (Bill A-3735), also known as the “Polluters Pay Act.” In recently published op-eds, both sectors issued stern warnings regarding the bill’s potential impact on consumer affordability, local job growth, and New Jersey’s broader business climate.

Warnings Over a Retroactive $50 Billion Energy Penalty

Writing in an op-ed published by the USA TODAY/Gannett NJ Network, Ray Cantor, Deputy Chief Government Affairs Officer for the New Jersey Business & Industry Association (NJBIA), praised lawmakers for stalling the legislation prior to the summer recess.

Cantor cautioned that imposing a retroactive $50 billion penalty on energy providers would directly trigger higher gasoline prices and widespread job losses across the state.

“While supporters offer this bill as a free, $50 billion lunch to feed the state coffers, the facts are it would undeniably add to the gas and energy costs of all New Jersey residents and ratepayers during our energy affordability crisis,” stated Cantor.

Threat to Infrastructure and Union Jobs

Adding to the concerns, William Mullen, President of the New Jersey State Building and Construction Trades Council, warned in a separate op-ed that Bill A-3735 would drive up core infrastructure expenses for contractors and project owners alike.

Mullen stressed that increased operational costs will inevitably trickle down through every stage of the state economy, affecting everything from utility bills to public transit development.

“Economic costs rarely stay confined to the businesses against which they are initially assessed,” Mullen wrote. “When the cost of infrastructure increases, projects are delayed, reduced in scope or abandoned altogether. Every additional dollar spent on energy, materials and transportation is a dollar that cannot be invested in schools, roads, bridges, water systems, public transit and other critical priorities.”

Constitutional Hurdles and Expensive Legal Battles

Beyond the immediate economic risks, both business and labor advocates pointed out the extensive legal challenges New Jersey would face if the bill were passed into law. Constitutional issues surrounding due process, extraterritorial regulation, and preemption under the federal Clean Air Act pose serious legal risks.

Similar climate liability measures enacted in states like New York and Vermont have already sparked prolonged and costly litigation. Furthermore, recent rulings—including a decision by the Maryland Supreme Court dismissing climate damage suits against energy companies—highlight the legal vulnerability of state-level attempts to regulate out-of-state emissions.

Calls for an Independent Economic Analysis

Before moving forward with Bill A-3735, opponents are calling on state policymakers to pause and conduct a thorough, independent evaluation.

Labor and business leaders strongly urge the New Jersey Legislature to complete a comprehensive economic impact study, workforce assessment, and legal review before instituting a $50 billion retroactive liability program that could burden New Jersey taxpayers and employers for years to come.

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