New York Regional Interconnect has sued NY state legislators for passing a law that prevents energy companies such as NYRI from using eminent domain to seize private property.
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Cuomo wants NYRI lawsuit dismissed
By Nancy Dooling
Binghamton Press & Sun-Bulletin
New York Attorney General Andrew Cuomo is seeking dismissal of a lawsuit
filed against state Assemblywoman Donna A. Lupardo, D-Endwell, and
others by an energy company that wants to develop a power line through
upstate New York.
New York Regional Interconnect filed suit earlier this year against
Lupardo as the author of a new state law that prevents energy companies
such as NYRI from using eminent domain to seize private property. The
lawsuit also names state Sen. John Bonacic, R-Mt. Hope, who sponsored
the legislation in the state Senate.
State lawmakers have fought NYRI by enacting legislation. Lupado cited
the potential environmental and economic damage the project would do to
the upstate counties through which the proposed power line would be
constructed. The project would supply power only to the New York City area.
NYRI is claiming it has been harmed by the state law sponsored by
Lupardo and Bonacic. Cuomo is expected to argue that NYRI has not been
harmed because its application is still pending before a federal agency.
Also named in the NYRI lawsuit is Gov. Eliot Spitzer, former Gov. George
E. Pataki, several state officials, and other upstate elected officials
including state Sen. Thomas W. Libous, R-Binghamton.
Lupardo said a court hearing on the matter has been scheduled for Nov.
11 in Albany's federal court before Senior U.S. District Court Judge
Thomas J. McAvoy. Sens. Charles E. Schumer and Hillary Rodham Clinton,
both D-NY, are also seeking to restrict the exercise of eminent domain
by energy companies, Lupardo said. Earlier this month, a similar
amendment sponsored by Rep. Michael Arcuri, D-Utica, and Rep. Maurice D.
Hinchey, D-Hurley, died in the House of Representatives.