ELR Citation: 43 ELR 20268
No(s). 516556 (N.Y. Sup. Ct. Dec 5, 2013)

A New York appellate court dismissed New York residents' lawsuit challenging the state's enforcement of the Regional Greenhouse Gas Initiative (RGGI), a carbon dioxide cap-and-trade program that targets emissions from electricity generating power plants in New York and six other states. The residents—electricity ratepayers—alleged that the RGGI memorandum of understanding (MOU) and its implementing regulations were unconstitutional. They also alleged that the RGGI program imposes an unlawful tax upon ratepayers. The court assumed, without deciding, that the residents have standing to bring this action. Nevertheless, it dismissed the case in its entirety because the claims were either time-barred or moot. The residents' challenges to the RGGI regulations were subject to a four-month statute of limitations. Because the regulations became effective more than 2½ years prior to the commencement of this action, these claims are time-barred. In addition, their claims challenging the MOU were dismissed as moot since it is the regulations implementing RGGI in New York—not the MOU—that form the legal basis for the state's participation in the RGGI program. The court, therefore, affirmed the lower court's dismissal of the lawsuit, albeit on different grounds.