NY Suit Challenges Regional Carbon Trading Program

Law360, New York (June 27, 2011, 9:12 PM EDT) -- A regional cap-and-trade initiative was challenged in a lawsuit filed Monday in New York state court alleging the 10-state greenhouse gas-reducing effort is a tax on energy implemented in the state without legislative support.

The lawsuit against the Regional Greenhouse Gas Initiative, brought on behalf of three New York residents and electricity consumers against Gov. Andrew Cuomo and the state Department of Environmental Conservation, says the unconstitutional program has generated $321 million in unauthorized tax revenue since it was implemented in 2009.

RGGI is a compact...
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