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.”

Lawsuit challenging the New York State Public Service Commission's decision to authorize a Canadian cryptocurrency company’s acquisition of ownership interests in a company that owns and operates a natural gas plant in North Tonawanda.

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

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Environmental Groups Filed New Lawsuit Challenging New York Public Service Commission’s Approval of Cryptocurrency Company’s Acquisition of Power Plant

Filed

United States of America

New York

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions to adapt human health, healthcare systems and well-being to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Environmental Groups Filed New Lawsuit Challenging New York Public Service Commission’s Approval of Cryptocurrency Company’s Acquisition of Power Plant

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance