A federal court in New York is scheduled to hold a hearing Friday on a case that could have implications for the legal boundaries between federal and state authority regarding energy policy.
Among the possible repercussions would be a change in how states structure mechanisms for meeting renewable energy targets.
The case is being watched by renewable energy stakeholders for its implications, but it is possible the plaintiff may not get past the first hurdle, which means the court might not rule on the merits of the case. Even if that does happen, the court’s action could be consequential for 460 MW of renewable energy projects sitting in limbo.
The plaintiff, Allco Financial, an affiliate of developer Allco Renewable Energy, was rebuffed twice by a federal court that ruled the company did not have the legal standing to bring the case. The case is now before the U.S. Court of Appeals for the Second District where a hearing is scheduled for Dec. 9.