According to a New York Times blog, Indeck Energy has filed a lawsuit in state court against Governor David Paterson, the Department of Environmental Conservation, and the New York State Energy Research and Development Authority today, claiming that there is no legislative authority for the agencies to implement the cap and trade program (it was authorized by executive order) and further that Congressional authorization would be needed for the states to participate anyway. The Department of Environmental Conservation responded that they acted pursuant to legislative authority and that Congressional authorization is not required. As soon as the pleading become available, I will post them to Law of the Land. For now, visit the blog links below for more information.
http://greeninc.blogs.nytimes.com/2009/01/29/lawsuit-filed-against-northeast-carbon-trading-scheme/
http://greeninc.blogs.nytimes.com/2009/01/29/new-york-responds-to-carbon-cap-and-trade-lawsuit/
