Clean Air Coalition of Western New York, Inc. v. New York State Public Service Commission

The parties stipulated to the adjournment of the new case pending the outcome of the environmental organizations’ appeal in the earlier lawsuit.

Two environmental organizations filed a lawsuit in New York Supreme Court challenging the New York State Public Service Commission (PSC) decision approving the transfer of ownership interests in a natural gas-fired power plant to a cryptocurrency company. The organizations asserted that the PSC failed to comply with two provisions of New York’s Climate Leadership and Community Protection Act (CLCPA) that require State agencies to consider whether actions will interfere with attainment of the CLCPA’s greenhouse gas reduction requirements or disproportionately burden disadvantaged communities. The court previously dismissed on ripeness grounds the organizations’ earlier <a href="https://climatecasechart.com/case/clean-air-coalition-of-western-new-york-inc-v-new-york-state-public-service-commission/">lawsuit</a> challenging the PSC action. The organizations, which have appealed the dismissal, filed this new lawsuit “to preserve their rights” after the PSC denied their request for rehearing. They contended “that this duplicative action is unnecessary and that the merits of their challenge should be heard in the original Article 78 petition case.”