CHICAGO — The U.S. District Court for the Southern District of New York today dismissed a lawsuit challenging the Zero Emissions Credit (ZEC) program contained in New York’s Clean Energy Standard. Exelon Corporation (NYSE: EXC) issued the following statement on the decision:
“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. 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.
“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. 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.”
The decision marks the second time this month that courts have upheld ZEC programs that support state efforts to advance clean energy and preserve affordable and reliable energy resources for customers. The U.S. District Court for the Northern District of Illinois on July 13 dismissed a lawsuit challenging the ZEC program contained in Illinois’ Future Energy Jobs Act (FEJA), which was signed into law in December. Similar to the New York program, the Illinois ZEC program aims to preserve Illinois’ nuclear facilities, which are the state’s largest and most cost-effective source of emissions-free energy.