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
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!