Second Circuit Upholds Constitutionality of NY’s Zero Emissions Credit Program

Environment word within puzzle

Anthony Cavender discusses Coalition for Competitive Electricity, et al. v. Zibelman, Chair of the New York Public Service Commission, et al.

November 21, 2018
Anthony B. Cavender - Gravel2Gavel

On September 27, the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s ruling that the “Zero Emissions Credit” (ZEC) program of the New York Public Service Commission is not unconstitutional. The case is Coalition for Competitive Electricity, et al. v. Zibelman, Chair of the New York Public Service Commission, et al.

In effect, the ZEC program provides subsidies to qualifying New York nuclear power plants as a way to reduce greenhouse gas emissions. The ZEC program is intended to prevent nuclear plants from being prematurely retired from generating power until suitable replacement facilities are operating.

Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com



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