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.