Description: Challenge to Connecticut's transfer of funds collected from ratepayers and held by utilities for clean energy and energy efficiency purposes to Connecticut's General Fund.
de Mejias v. Malloy
Filing Date Type File Action Taken Summary 05/15/2018 Complaint Download Complaint filed. Lawsuit Filed in Connecticut Federal Court to Stop Transfer of Clean Energy and Energy Efficiency Funds. A group of individuals, organizations, and companies filed a lawsuit against Connecticut’s governor, treasurer, and comptroller to stop the officials from “sweeping” the Connecticut Energy Efficiency Fund (CEEF) and Clean Energy Fund. The plaintiffs described themselves as “invested in improving the State’s energy efficiency and clean energy economy” and asserted that the defendants were seeking to transfer funds to the State’s General Fund that had been collected from ratepayers and held for certain purposes—including lowering carbon emissions and investing in Connecticut’s Green Bank. The plaintiffs asserted that the diversion of the funds violated the Contracts Clause of the U.S. and Connecticut State Constitutions and the Equal Protection Clause of the U.S. Constitution. The plaintiffs also asserted that the sweep violated the legislation establishing the Green Bank and violated the tax-exempt status of one of the plaintiffs. In addition, they asserted a promissory estoppel claim.