RGGI is okay, says state supreme court
New York Attorney General Eric Schneiderman on
June 13 won a decision in Albany County State
Supreme Court dismissing a lawsuit that aimed to
block the state of New York's participation in the
multi-state Regional Greenhouse Gas Initiative
(RGGI).
Schneiderman said the lawsuit was backed by the
out-of-state organization Americans for Prosperity,
which wanted New York to withdraw from the
initiative.
Americans for Prosperity is a national group that
advocates limited government and regulation. A
particular environmental focus on its website lately
has been opposition to the U.S. Environmental
Protection Agency's Utility MACT Rule, also known as
the Mercury and Air Toxics Standards.
"This is a significant victory for those of us who
take the threat of climate change seriously, and
want to mitigate its harmful effects," said
Schneiderman about the court ruling. "RGGI offers a
cost-effective, efficient way to reduce the
pollution that contributes to climate change. I
applaud the court for soundly rejecting this attempt
- backed by out-of-state political interests - to
stop New York from protecting its own citizens
against the potentially devastating impacts of
climate change. I will continue to use the full
force of my office to vigorously defend sensible
efforts that reduce climate change pollution and,
thereby, protect the health and welfare of New
Yorkers."
In 2005, New York and a group of Northeastern and
Mid-Atlantic states signed a memorandum of
understanding covering a program to regulate CO2
emissions from fossil fuel-fired power plants. After
a three-year process, in 2008, the state of New York
adopted regulations implementing a program in New
York.
These regulations establish a market-based system to
reduce the overall emission of CO2 by 10% by 2018.
Power plants that burn coal and other fossil fuels
are major contributors of climate change pollution,
and in New York they emit roughly one-fifth of all
the CO2 generated in the state, said a June 13
statement from the Attorney General’s office.
Under New York's RGGI regulations, emissions of CO2
by electric-generating power plants of 25 MW and
larger operating in the state are capped. Power
companies must obtain sufficient CO2 allowances to
cover their plant emissions, with most obtaining
their allowances through public auctions held by the
state. Proceeds from the auctions support renewable
energy, energy efficiency, and other greenhouse gas
reduction and climate protection efforts.
A recent study conducted by the independent
economic consulting firm Analysis Group concluded
that RGGI added $1.6bn to the economies, and 16,000
new jobs, in the participating states. The study
also projected that RGGI will provide consumers in
these states with $1.3bn in savings on their
electric bills over the next decade through energy
efficiency measures using funds generated by the
initiative.
In his motion to dismiss, Schneiderman argued that
plaintiffs lacked a legally-protected interest
sufficient to challenge the RGGI regulations, and
that their lawsuit was barred by their unreasonable
delay in pursuing the challenge. The plaintiffs
filed their lawsuit in June 2011, three years after
New York began implementing the initiative. The
court agreed with the Attorney General on these
arguments.
In neighboring New Jersey, Gov. Chris Christie and
the New Jersey Department of Environmental
Protection are being sued by the Natural Resources
Defense Council and Environment New Jersey for
pulling that state out of RGGI. The plaintiffs there
claim the New Jersey governor failed to follow due
process.
Barry Cassell is chief analyst for coal
generation at Generation Hub, a unit of Energy
Central.
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