LAWSUITS FILED OR PENDING

July 2009

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Lawsuit Seeks to Invalidate New York’s RGGI Regulations

On January 29, 2009, Indeck Corinth L.P., a limited partnership operating Indeck Energy Services, Inc.’s Corinth, New York power plant, filed suit seeking to invalidate the regulations adopted by the State of New York to implement the Regional Greenhouse Gas Initative (RGGI). The lawsuit names New York Governor David Paterson and the various state agencies responsible for developing and implementing the RGGI regulations, including the Department of Energy Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA). On May 15, 2009, New York filed their response. The case has attracted attention from affected interest groups, including amicus briefs from various environmental groups, industry associations and the U.S. Chamber of Commerce. See, Indeck Corinth L.P. v. Paterson, Case No. 2009 369, RJI No. 2009/0369 (N.Y. Supr. Ct.).