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Thrun v. Cuomo

ELR Citation: 42 ELR 20132
Nos. 4358-11, (N.Y. Sup. Ct., 06/13/2012)

A New York court dismissed individuals' lawsuit challenging the legality of New York's participation in the Regional Greenhouse Gas Initiative (RGGI), a regional cap-and-trade plan for carbon dioxide (CO2) emissions. The individuals claimed they had standing because, as electric utility ratepayers, they have been harmed by having to pay increased costs passed along by electricity producers that must purchase CO2 allowances under RGGI. But even if the plaintiffs could show that the cost they pay for electricity has increased because of RGGI, they failed to show an injury distinct from the community generally. And even if they had standing, their suit is barred by the doctrine of laches. New York's RGGI regulations became effective in 2008, but the plaintiffs did not commence this action until June 2011.