CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff-Appellee,
v.
George E. PATAKI, in his official capacity as Governor of the State of New York, Maureen O. Helmer, in her official capacity as Chairman of the New York State Public Service Commission, Thomas J. Dunleavy, James D. Bennett, Leonard D. Weiss and Neal N. Galvin in their official capacities as Commissioners of the New York State Public Service Commission, Defendants-Appellants,
Richard L. Brodsky, New York State Assembly Member and Sheldon Silver, New York State Assembly Speaker, Intervenors-Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 21, 2001.
Decided June 5, 2002.
Attorney(s) appearing for the Case
Laura Etlinger, Assistant Solicitor General of the State of New York (Eliot Spitzer, Attorney General of the State of New York, Daniel Smirlock, Deputy Solicitor General of the State of New York, Peter H. Schiff, Senior Counsel, on the brief), Albany, NY, for Defendant-Appellant Governor Pataki.
Lawrence G. Malone, Public Service Commission of the State of New York (Diane T. Dean, on the brief), Albany, NY, for Defendants-Appellants Commissioners of the Public Service Commission.
Richard L. Brodsky, New York State Assembly, Counsel to the Majority (Rosemary Perez Jaquith, on the brief), Albany, NY, for Intervenors-Defendants-Appellants.
Guy Miller Struve, Davis, Polk & Wardwell (James D. Liss, Florence A. Crisp, Zachary D. Stern, Davis, Polk & Wardwell, Charles E. McTiernan, Jr., Richard J. Giglio, Scott A. Levinson, Roxana Barsalona, Consolidated Edison Company of New York, Inc., on the brief), New York, NY, for Plaintiff-Appellee.
John C. Rice, Rice & Justice (Lawrence P. Justice, Bradley F. Rice, on the brief), Albany, NY, for Amicus Curiae Business Council of New York State, Inc.
Michael F. McBride, LeBoeuf, Lamb, Greene & MacRae, LLP (Bruce W. Neely, Martin G. Malsch, John W. Lawrence, LeBoeuf, Lamb, Greene & MacRae, LLP, Edward H. Comer and Henri Bartholmot, Edison Electric Institute, Robert W. Bishop and Ellen C. Ginsberg Nuclear Energy Institute, on the brief) Washington, DC, for Amici Curiae Edison Electric Institute and Nuclear Energy Institute.
Defendant state officials appeal from a judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, District Judge) permanently enjoining enforcement of a New York state statute against plaintiff Consolidated Edison Company of New York, Inc. ("Con Ed") on the grounds that the statute violated the Equal Protection Clause of the Fourteenth Amendment and
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