Challenge To NY Cap-And-Trade Laws Flops On Appeal

Law360, New York (December 5, 2013, 8:37 PM EST) -- Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.

A unanimous panel rejected claims that the New York government's executive branch violated the separation of powers doctrine and the state constitution by signing on to the Regional Greenhouse Gas Initiative, a pact among nine northeastern states to establish a market-based system aimed at reducing carbon dioxide emissions.

Three state citizens had...
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