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New York Responds to Carbon Cap-and-Trade Lawsuit

| Sourced From The New York Times |

As reported in our previous post, Indeck Energy, owner of a natural gas plant in Corinth, N.Y., has filed a lawsuit challenging the legitimacy of the Regional Greenhouse Gas Initiative, a carbon cap-and-trade program established by 10 Northeastern states.

The suit names New Yorks governor and several state agencies among the defendants, and challenges New Yorks authority to participate in R.G.G.I. without state legislative approval. It also challenges the legitimacy of such a multistate carbon trading program in the absence of approval from the federal Congress.

I spoke with Peter Iwanowicz, the director of the Office of Climate Change in New Yorks Department of Environmental Conservation. The department is one of the defendants named in Indecks complaint.

Mr. Iwanowicz rejected the validity of both charges. On the first, he said that R.G.G.I. was adopted pursuant to authority provided to his department by the New York legislature.

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