“Of course you realize, this means war!” – Bugs
War has been declared in the New York court system over global warming regulation.
Indeck Corinth L.P., which operates the Corinth Generating Station, an electric power plant in Corinth, NY, sued New York stateon January 29, 2009 claiming that the Regional Greenhouse Gas Initiative (RGGI) that aims to reduce greenhouse gas emissions in the Northeast U.S. is illegal.
Maine, New Hampshire, Vermont, Connecticut, New York, New Jersey, Delaware, Massachusetts, Maryland, and Rhode Island have signed on to the RGGI agreement. You can read more about it here at: http://www.rggi.org/home
This is the simple view of RGGI from their website:
The Regional Greenhouse Gas Initiative (RGGI) is the first mandatory, market-based effort in the United States to reduce greenhouse gas emissions. Ten Northeastern and Mid-Atlantic states will cap and then reduce CO2 emissions from the power sector 10% by 2018.
States will sell emission allowances through auctions and invest proceeds in consumer benefits: energy efficiency, renewable energy, and other clean energy technologies. RGGI will spur innovation in the clean energy economy and create green jobs in each state.
Indeck Corinth claims that New York’s involvement with RGGI does the following:
- Is ultra vires and violates the state constitution;
- Imposes an impermissible tax not authorized by the state legislature;
- Is arbitrary and capricious as implemented by New York;
- Is pre-epmted by state and federal regulations;
- Violates the Compact Clause of the U.S. Constitution; and
- Violates Indeck Corinth’s due process and equal protection rights
Indeck Corinth and New York State are now arguing over the venue for the suit. Indeck Corinth wants the suit heard in Saratoga County where it is a major employer. New York wants the suit heard in Albany County where it has home field advantage.
This will be watched intensely by many on both sides of the energy -versus- environment issue.
h/t to Junkscience.com