PRESS RELEASE

ADIRONDACK COUNCIL * CITIZENS CAMPAIGN FOR THE ENVIRONMENT * EARTHJUSTICE * ENVIRONMENTAL ADVOCATES OF NEW YORK *  NATURAL RESOURCES DEFENSE COUNCIL * NEW YORK PUBLIC INTEREST RESEARCH GROUP * PACE ENERGY & CLIMATE CENTER * CLIMATE PROGRAM AT THE UNION OF CONCERNED SCIENTISTS

March 9, 2009

ENVIRONMENTAL & ENERGY GROUPS CALL ON GOVERNOR PATERSON TO COME CLEAN ABOUT ALLEGED DIRTY DEAL WITH POWER PLANTS

NY GOVERNOR NEEDS TO BACK-OFF COMMITMENT TO WEAKEN NATION’S 1^ST EFFORT TO CUT GLOBAL WARMING POLLUTION   

(ALBANY, NY)—Environmental and energy groups are calling on New York Governor David Paterson to come clean with details about a secret agreement made with the Independent Power Producers of New York (IPPNY) to re-open regulations designed to guide the state’s participation in the Regional Greenhouse Gas Initiative (RGGI), a 10-state plan to reduce global warming pollution. According to a story published in the New York Times last Friday, the Governor promised power producers in the fall of 2008 to re-open the regulations after efforts to pressure the Department of Environmental Conservation to weaken the climate plan had failed.

“Numerous scientific studies completed too late to be included in last year’s Fourth Assessment of the Intergovernmental Panel on Climate Change reveal that many effects of global warming are occurring more quickly and with potentially more serious consequences than previously predicted,” said Lance Pierce, director of the Climate Program at the Union of Concerned Scientists. “Now is a time for leadership on policies that will reduce emissions, not backsliding.” 

The environmental and energy groups, which include the Adirondack Council, Citizens Campaign for the Environment, Earthjustice, Environmental Advocates of New York, Pace Energy & Climate Center, New York Public Interest Research Group, Natural Resources Defense Council, and the Climate Program at the Union of Concerned Scientists are urging the Governor not to re-open the regulations, which were finalized during a transparent and public three-year process that received input from consumer, environmental and energy groups, as well as power producers and other interested parties.   

Since the publication of the story in the Times, the Governor has released several inconsistent statements about whether or not he intends to re-open the RGGI regulations. The groups are calling on the Paterson Administration to come clean with the details of the alleged agreement.  

In search of this critical information, the groups have submitted today Freedom of Information Law (FOIL) requests for the Governor’s schedule, as well as any communications with staff and power producers. Last week several groups requested a meeting with high-level Paterson Administration staff to get the details on the Governor’s agreement with IPPNY.

“Power producers have been looking for ways to derail the nation’s very first effort to reduce global warming pollution, the Regional Greenhouse Gas Initiative, since it was on the drawing board. And these polluters appear to have found a sympathetic ear,” said Jackson Morris, Environmental Advocates of New York. “Now the ball is in Governor Paterson’s court. We’re calling on him to stick with the program and put New Yorkers’ concerns before polluters.” 

“It is disturbing that the Governor made this commitment to generators, which disregards the outcome of the RGGI rulemaking process,” stated James Van Nostrand, Executive Director of the Pace Energy and Climate Center. “The real losers will be the citizens of New York, who will potentially be denied the conservation and renewable energy benefits that would be funded from the sale of carbon allowances that the Governor would apparently prefer to give away to polluters.” 

The groups have also sent the Governor a letter calling the legality of his actions into question. According to New York’s State Administration Process Act (SAPA), such decisions must be reached after engaging in transparent decision-making and providing meaningful opportunities for public comment. Based on recent news reports, promises made by the Governor would predetermine the outcome of any such rule-revision process if it were to go forward; the groups believe that re-opening the RGGI regulations will be nothing more than a charade.   

“New York pioneered the strong 100 percent auction policy that President Obama is championing at the federal level. Now Governor Paterson is taking a big step backward to please a few industry executives,” said Abigail Dillen of Earthjustice, the nation’s leading environmental nonprofit law firm.

“New York has returned to the bad old days of secret meetings and decisions that are not in the best interest of the public,” said Laura Haight, NYPIRG's senior environmental associate. “The deal the Governor cut with the power producers could reduce the incentives and available funding to promote clean energy in New York.” 

“We do not understand why the Governor would risk both environmental degradation and the integrity of the Department of Environmental Conservation’s rulemaking authority by unilaterally deciding to change the regulations after a secret meeting with a power-industry lobbyist. DEC arrived at these regulations after years of debate and after reviewing mountains of public comments. To undo all of that on a whim is bad public policy,” Brian Houseal, Executive Director, Adirondack Council.             

“The core of the Governor's credibility is at stake. Will our energy policy be determined by corporate greed or public need?” asked Adrienne Esposito, Executive Director for Citizens Campaign for the Environment. “Will the Governor be guided by his verbal commitment to defend us against global warming or will he succumb to the energy lobbyists who seek even greater profits? All eyes are on the Governor,” Esposito added.

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