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Federal judge says appeals panel should have a say in whether lender is plausible party to conspiracy allegations
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A group of electrical power generators have asked the U.S. Supreme Court step in and unplug “zero emissions credit” subsidy programs in Illinois and elsewhere, arguing the state programs intrude on federal regulatory turf and unconstitutionally rig wholesale electricity generation and supply markets to prop up nuclear power plants that should otherwise be retired.
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Saying the law could both simultaneously be a subsidy designed to prop up two Illinois nuclear power plants and a legitimate attempt to reduce carbon emissions, a Chicago federal judge has pulled the plug on attempts by a group of power generators and electricity consumers to challenge a recent state law the plaintiffs claimed unconstitutionally used “green energy” goals as a pretext to rig the wholesale electricity generation and supply markets in favor of electricity generation giant Exelon.
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Even as Illinois state electricity regulators have asked a federal judge to dismiss a lawsuit alleging a state law unconstitutionally rigs the wholesale electricity generation and supply markets in favor of electricity generation giant Exelon, a prominent environmental activist organization has also stepped into the court fight, asking the court to allow it to defend the law’s renewable energy requirements, which it says the lawsuit also threatens.
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Two months since Illinois lawmakers and Gov. Bruce Rauner signed off on a bailout bill they said was needed to ensure the viability of two Exelon nuclear electricity plants, two lawsuits filed in federal court have challenged the constitutionality of the legislation, alleging the law effectively rigs in Exelon’s favor wholesale electricity generation and supply markets, resulting in a a windfall for Exelon over the next 10 years, paid for by Illinois businesses and households.
