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The Climate Litigation Database

In re Implementation of L. 2018, C. 16 Regarding Establishment of Zero Emission Certification Program for Eligible Nuclear Power Plants

About this case

Filing year
2018
Status
Board of Public Utilities' decision affirmed.
Docket number
A-3939-18
Court/admin entity
United StatesState CourtsNew Jersey Superior Court Appellate Division (N.J. Super. Ct. App. Div.)
Case category
State Law Claims (US)Utility Regulation (US)
Principal law
United StatesNew Jersey Global Warming Response Act
At issue
Challenge to New Jersey Board of Public Utilities approval of nuclear power plant applications for Zero Emission Certificates.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
03/19/2021
Board of Public Utilities' decision affirmed.
The Appellate Division of the New Jersey Superior Court affirmed the Board of Public Utilities’ approval of applications by three nuclear power plants under the Zero Emission Certificate (ZEC) program. The court found that the Board’s decision was adequately supported by the record and consistent with the language and legislative intent of the 2018 statute that established the ZEC program. The court noted that the ZEC statute was intended to help New Jersey achieve its clean energy goals by subsidizing nuclear power generators to keep them operational in the face of competition from carbon-emitting generators.
Decision

Summary

Challenge to New Jersey Board of Public Utilities approval of nuclear power plant applications for Zero Emission Certificates.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance