United States Second Circuit

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Coalition for Competitive Electricity v. Zibelman, 17‐2654

Held that a group of electrical power generators and related trade groups could not proceed with their lawsuit challenging the constitutionality of the New York Public Service Commission's Zero Emissions Credit program, which subsidizes qualifying nuclear power plants by creating state‐issued clean-energy credits. Affirmed a dismissal of the lawsuit for failure to state a claim.

Appellate Information

  • Decided
  • Published 2018/09/27

Judges

  • Jacobs

Court

  • United States Second Circuit

Counsel