UTICA, N.Y. – New York State’s end-run effort to prevent utilities from selling pollution credits to so-called “upwind” polluters in other states was stricken on constitutional grounds yesterday by a Northern District federal judge.
U.S. District Judge David N. Hurd said the state’s Air Pollution Mitigation Law violates both the Supremacy and Commerce clauses of the U.S. Constitution and, as such, is unenforceable. Judge Hurd found that the state law impermissibly interfered with the federal Clean Air Act. His ruling allows New York companies to sell their pollution credit allowances on the open market without restriction.
