This case is about more than just the zero emissions credit (ZEC) program itself—this is about the possible impacts on existing and future clean energy policies across the country. This complaint, submitted by the NRDC, the Coalition for Competitive Energy, and other partners, argues that the program sets wholesale power rates, which New York State does not have authority to do. They ask the court to declare the program invalid and to prevent it from being implemented.
Proposed Brief of Amicus Curiae Natural Resources Defense Council, Inc. in Support of Defendants’ Motion to Dismiss
NRDC submitted this amicus brief to the Southern District of New York on December 10, 2016. It supports New York State, defending against a legal challenge by fossil fuel utilities that could undermine the rights of other states to adopt clean energy policies.
The brief responds to a lawsuit filed that October, in which several power companies and related associations challenged New York’s Clean Energy Standard, specifically its ZEC program. The lawsuit argued that a state does not have the authority to make decisions about its own electricity mix. This brief demonstrates how ZEC does fall within traditional authority as well supports states’ rights to implement clean energy standards.