Trio Of Rulings Gives States More Zero-Carbon Leeway

Law360 (September 28, 2018, 5:00 PM EDT) -- The Second Circuit on Thursday concluded a state's clean energy incentive program doesn't intrude on federal authority over wholesale electricity markets, joining two other rulings that will encourage states to craft aggressive policies to boost zero-carbon power within their borders, experts say.

The appeals court held that so-called zero-emission credits, or ZECs, offered by New York for nuclear power plants don't directly impact wholesale power prices. That distinguishes them from subsidies offered by Maryland for new, gas-fired power plant construction that were struck down by the U.S. Supreme Court in the 2016 case Hughes v. Talen Energy Marketing.

The Second Circuit's...

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