Illinois AG Defends Zero Emission Credit Program

APRIL 10, 2017

Illinois Attorney General Lisa Madigan defended her state’s zero emission credit (ZEC) program, which compensates qualifying nuclear generators for the zero carbon emissions attributes of their energy generation. AG Madigan successfully got the challenge from incumbent energy generators dismissed in the district court, defended the dismissal on appeal in the Seventh Circuit, and opposed certiorari at the Supreme Court. These victories are consistent with the Federal Power Act and state authority over facilities used for electric generation, and they represent an important win for state clean energy laws against preemption and dormant Commerce Clause challenges.