Bloomberg BNA mentions CEI's case against New York for imposing energy task through Regional Greenhouse Gas Initiative rules.
New York is unique because it is the only RGGI state that has implemented the RGGI program through regulations, rather than statute. This lack of explicit statutory authority opened New York up to a lawsuit in 2011 and environmentalists fear that additional budget transfers could expose the state to litigation again.
The conservative leaning Competitive Enterprise Institute sued the state in 2011, alleging that New York was effectively imposing an energy tax through the RGGI rules without gaining legislative approval. An appeals court rejected the lawsuit on grounds that the claims were time-barred or moot and the state's highest court declined to hear the case (Thrun v. Cuomo, N.Y., No. 2014-138, motion denied 4/3/14) (65 ECR, 4/4/14).
Read the full article at Bloomberg BNA.