A unanimous Appellate Division, Third Department, panel has affirmed the dismissal of a lawsuit challenging power plant regulations passed as part of the Regional Greenhouse Gas Initiative (RGGI), an agreement between seven states, including New York, to reduce greenhouse gas emissions.

Gov. George Pataki entered into the RGGI in 2005. It was a nonbinding memorandum of understanding (MOU) in which the governors of the signatory states agreed to propose legislation or regulation to curb carbon emissions. In 2008, New York passed regulations requiring power plants with an output of 25 megawatts or more to get approval from the state and to buy carbon offsets. Three New York electricity rate payers filed a lawsuit challenging the regulation, claiming that implementing the regulations without legislative approval was unconstitutional.

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