New York District Court dismisses lawsuit challenging zero emissions credit program

The U.S. District Court for the Southern District of New York dismissed Tuesday a lawsuit challenging the Zero Emissions Credit (ZEC) program in New York’s Clean Energy Standard, which seeks to preserve the state’s nuclear facilities.

“The court’s decision to dismiss the lawsuit regarding the Zero Emission Credit segment of New York’s Clean Energy Standard (CES) is good news for New York’s climate efforts and citizens across the state because it preserves the most cost-effective source of carbon abatement available to consumers,” Exelon Corporation said in a statement. “The CES employs the same legal policy mechanisms that states have been using for years to support investment in other sources of clean energy, such as wind and solar.”

The U.S. District Court for the Northern District of Illinois dismissed a similar lawsuit earlier this month challenging the ZEC program that is part of Illinois’ Future Energy Jobs Act (FEJA). The program was signed into law in December and, like New York’s ZEC program, seeks to preserve the state’s nuclear capacity.

“We are confident that the court’s ruling will be respected by state and federal regulators and other policymakers who support the continued operation of the nation’s nuclear plants and the clean, resilient and affordable energy they provide,” Exelon said. “As policymakers work toward reforms that will ensure that electricity markets properly value carbon, these programs serve as an important bridge to a fully market-based solution.”