Challenge to New York's Participation in RGGI Dismissed
On June 13, 2012, the Albany County Supreme Court dismissed a lawsuit (Thrun v. Cuomo, Index No. 4368-11 (Supreme Court Albany County, 2012)) filed last year by three state residents to force New York State out of the Regional Greenhouse Gas Initiative (RGGI). The plaintiffs argued that the program was effectively a coercive tax on electricity levied without the approval of the state legislature, in violation of the state constitution. The court found that the plaintiffs lacked standing to sue because they did not face an injury that could be distinguished from effects of the program on the general public. The court also found that the case was barred due to the “unreasonable delay” between 2008, when New York implemented its RGGI regulations, and 2011, when the suit was filed.