Second Circuit Denies En Banc Rehearing Petition Challenging Connecticut Clean Energy

NEWS RELEASE

The U.S. Court of Appeals for the Second Circuit today rejected the latest attempt to undermine clean, low-cost, and reliable energy as it denied a petition for en banc rehearing in Allco Finance Ltd. v. Klee.

Allco petitioned for rehearing after a three Judge panel of the Second Circuit rejected its challenge to a Connecticut clean energy procurement policy and renewable portfolio standard designed to protect human health and the environment. The panel decision by the Second Circuit was issued earlier this summer and in turn upheld a lower court decision ruling in the state of Connecticut’s favor in the case.

“The federal appellate court has yet again affirmed Connecticut’s bedrock authority to provide for expansive clean energy that protects public health and environment for Connecticut’s families and communities,” said Environmental Defense Fund Senior Attorney Michael Panfil. 

Environmental Defense Fund and other environmental organizations filed an amicus, or “friend of the court,” brief in support of Connecticut and its clean energy policy in the initial appeal to the Second Circuit.

By declining to grant en banc review the Second Circuit affirmed that Connecticut is well within its legal right to implement clean energy measures that reduce dangerous climate and air pollution. With this action, the court again makes clear that states have the power to protect the health and well-being of their residents– who are afflicted by climate and air pollution and protected by clean energy.