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Clean Air Mkts. Group v. Pataki

ELR Citation: ELR 20553
Nos. No. 00-CV-1738, 194 F. Supp. 2d 147/(N.D.N.Y., 04/09/2002)

The court holds that the New York Air Pollution Mitigation Law is preempted by the Clean Air Act (CAA) and violates the U.S. Commerce Clause. Under Air Pollution Mitigation Law §66-k, an electric generator is assessed an offset penalty when it sells a sulfur dioxide (SO2) allowance to a generator in an upwind state....

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