Legal Challenge to RGGI
The operator of a cogeneration plant in upstate New York, Indeck Corinth, has filed suit to challenge the Northeastern states’ carbon trading scheme, RGGI. Apart from some state law claims, the most significant claims seem to be preemption under PURPA and Compact Clause violation. For reasons, discussed in this article, I think the Compact Clause argument is unfounded. Someone else might be able to comment on the PURPA issues and the state law claims. There are also some due process and equal protection arguments that seem like makeweights.
Dan Farber has written and taught on environmental and constitutional law as well as about contracts, jurisprudence and legislation. Currently at Berkeley Law, he has al…READ more