Description: Out-of-state power plant owner's challenge to the Washington’s Climate Commitment Act's allocation of no-cost greenhouse gas emissions allowances.
-
Invenergy Thermal LLC v. Watson
Case Documents:
Filing Date Type File Action Taken Summary 02/16/2023 Motion to Dismiss Download Motion to dismiss filed. The defendant moved to dismiss, arguing that the law’s benefits flow to both in-state and out-of-state entities and the compliance burdens fall equally on all electricity generators. The defendant also argued that the plaintiffs could not establish they were similarly situated to public utilities and could not show that any impact on interstate commerce outweighed the benefit of minimizing impacts on Washington consumers’ energy costs. 12/13/2022 Complaint Download Complaint filed. Independent Power Producer Challenged Washington Law’s Allocation of Carbon Allowances. An independent power producer that owns a power plant located in Washington challenged the constitutionality of Washington’s Climate Commitment Act. The plaintiff contended that the law’s allocation of no-cost allowances violated the Dormant Commerce Clause and Equal Protection Clause by granting no-cost allowances only to local utilities and permitting those utilities to transfer the allowances to their power plants.