Massachusetts Supreme Court to hear New England Power Generators Association Inc., et al. v. Department of Environmental Protection
The Massachusetts Supreme Court will hear the case of New England Power Generators Association Inc., et al. v. Department of Environmental Protection at 9 a.m. Tuesday, May 8.
New England Power Generators Association Inc. and Genon Energy Inc. request that the court grant their motion for judgment on the pleadings and declare the 7.74 rules are unlawful, arbitrary and capricious and therefore, void.
"The 7.74 Rules are unlawful and ultra vires because they remain in effect beyond the GWSA's sunset date for mass-based emissions limits," their brief states.
The original case revolved around "whether the Massachusetts Department of Environmental Protection and the Executive Office of Energy and Environmental Affairs ... exceeded their authority under the Global Warming Solutions Act in promulgating regulations at 310 Code Mass. Regs. § 7.74 that impose annually declining, mass-based emissions limits on the electric sector," the brief states.
Massachusetts Supreme Court case number SJC-12477