WAR! Utility sues New York over CO2 regulation

March 31, 2009

War has been declared in New York over global warming regulation!

Indeck Corinth L.P., which operates the Corinth Generating Station, an electric power plant in Corinth, NY, sued New York state on 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.

Indeck Corinth claims that New York’s involvement with RGGI,

  • 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 dues process and equal protection rights

Click here for a copy of Indeck Corinth’s complaint.

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 homefield advantage.

Congrats to Indeck Corinth for having the courage to challenge green aggression, oppression and regression!

16 Responses to “WAR! Utility sues New York over CO2 regulation”

  1. […] WAR! Utility sues New York over CO2 regulation War has been declared in New York over global warming regulation! Indeck Corinth L.P., which operates the Corinth […] […]

  2. shenandoah105 Says:

    If Indeck Corinth loses this battle, which is probable, they could always shut down their operations and leave millions of New Yorkers in the dark. The screaming that would ensue as New Yorkers sat in the darkwould force the New York politicians to end once and for all the Global Warming nonsense.

  3. drgroovejb Says:

    In court the entire issue of “global warming” and CO2 would be open for debate, right? That would mean that the defendant would have to
    defend and prove their point that CO2 is actually causing the agt to rise. Based on current data from the last 10 years that would be impossible for them to do.

  4. jdh6507 Says:

    It is time to organize a class action suit against the EPA!!!

  5. theteacherknows Says:

    It is MUCH cheaper to go to court over, and over, and over, then submit to the tyranny of the Global Warming Religion. The GWR greenies cannot prove anything because it is a belief, not real science. They do not want to go to court since they know they will loose much more often then they might win. The cost is billions for court action verses trillions for submission the the AGW religious dogma. On a strictly pragmatic basis, it pays to fight. Any company that does not fight needs to be boycotted since it would be obvious they do not have the consumers best interest at heart. Remember. NEVER give up!!! NEVER surrender!!! We shall prevail over the Anti-Humans if we stick together. The future of humanity is in our hands. It can either be bright and enlightened future or it can be a new dark age of poverty and deprivation.

  6. […] WAR! Utility sues New York over CO2 regulation […]

  7. jcscuba Says:

    Now we need a massive class action suit against Al Gore alleging fraud and deception with his cap and trade schemes that will do nothing for the environment but line his pockets with gold. Make him prove that Co2 is involved with Global Warming. When he is found guilty give him a room with Bernie Madoff

    • durangofox Says:

      I like your thought. I have tried to dream up what could constitute standing and damages to bring a suit but am evidently not creative enough. I even asked the Mountain States Legal Foundation if the certificates that would be used to represent carbon emissions could be construed as securities and securities fraud could be a basis but they didn’t think so. Any ideas?

      • jcscuba Says:

        There is absolutely no prospective evidence that Co2 has a link to Global Warming. Gore won’t debate the science, he will not allow the media at his talks, nor will he take questions. It is obvious that he is making a ton of money from this hoax. A good attorney versed on climate change could shred any modicum information that he could put forth. Al Gore need jail time with Bubba and the lights out.

  8. jmsii Says:

    Way to go Indeck!

  9. drgroovejb Says:

    I hope this (lawsuit) prevails and this breaks out all over the country.
    I am hopeful that all so-called producers of CO2 (utilities, etc) will also sue the Feds if cap and trade becomes a reality. Just think we would, as citizens, have to shoulder the burden of this “illegal” tax at both the federal and state level! We would freeze to death in the dark with no money!

  10. […] March 31, 2009 in John Galt’s Grandchildren | Tags: CO2, Energy, global warming, junk science In New York, over CO2 regulation.  From Green Hell, WAR! Utility sues New York over CO2 regulation […]

  11. nothingtocareabout Says:

    Luckily someone have the guts to step up against ignorant and irresponsible politicians who are running with the mainstream to glorify themselves.Thank you for that.

    • jcscuba Says:

      I don’t believe that APG is considered main stream any longer. In fact recent actual science has shown Gore and the rest of the hysterics to be way off the mark. The big question is how do we get the socialists and Marxists in our government to even want to understand the situation. Term Limits At The Ballot Box, if they support GW and massive tax increases, vote them out! This isn’t a party issue it’s a survival of the economy issue.

  12. paddleman Says:

    This is so wonderful! Its nice to see that a utillity company has the guts to stand up to the hogwash statist regulations of NYS as they pander to the global warming interests. There’s little question that if more people realize the impact, and cost, of these worthless regulations, they would rise up in rebellion against any government that seeks to impose them — artificially increasing the cost of living for those who pay for them. Let’s face it, if the government imposes regulations, they cost the consumer in the end, as any utility or business has to pass them along. If the regulations are for pretend issues, like ‘let’s feel good about our climate’, then they are absolutely bogus.

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