ALLCO FINANCE LID. v. KLEE

Docket Nos. 16-2946, 16-2949 August Term, 2016.

861 F.3d 82 (2017)

ALLCO FINANCE LIMITED, Plaintiff-Appellant, v. Robert J. KLEE, in his official capacity as Commissioner of the Connecticut Department of Energy and Environmental Protection, Defendant-Appellee, Katherine S. Dykes, John W. Betkoski, III, and Michael Caron, in their official capacities as Commissioners of the Connecticut Public Utilities Regulatory Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 28, 2017.


Attorney(s) appearing for the Case

Thomas Melone , Allco Renewable Energy Limited, New York, New York, for Plaintiff-Appellant.

Robert D. Snook , Assistant Attorney General, Hartford, Connecticut, for George Jepsen, Attorney General for the State of Connecticut, for Defendant-Appellee Robert J. Klee.

Seth Hollander , Assistant Attorney General ( Clare E. Kindall , Assistant Attorney General, on the brief), New Britain, Connecticut, for George Jepsen, Attorney General for the State of Connecticut, for Defendants-Appellees Katherine S. Dykes, John W. Betkoski, III, and Michael Caron.

Ann H. Rubin , Carmody Torrance Sandak & Hennessey LLP, Waterbury, Connecticut, for Amicus Curiae The Connecticut Light and Power Company, DBA Eversource Energy, in support of Defendants-Appellees.

Gene Grace ( Julia Dreyer , on the brief), American Wind Energy Association and RENEW Northeast, Washington, D.C., for Amicus Curiae American Wind Energy Association, in support of Defendants-Appellees.

M. Elaine Meckenstock , Deputy Attorney General ( Robert W. Byrne , Senior Assistant Attorney General, Gavin G. McCabe , Supervising Deputy Attorney General, and Melinda Pilling , Deputy Attorney General, on the brief), Oakland, California, for Xavier Becerra, Attorney General, California Office of the Attorney General, for Amici Curiae States of Massachusetts, New York, Oregon, Vermont, and Washington, and the California Air Resources Board, in support of Defendants-Appellees.

Before: CALABRESI, RAGGI, LYNCH, Circuit Judges.


Plaintiff-Appellant Allco Finance Limited ("Allco" or "Plaintiff") appeals from a final judgment entered by the United States District Court for the District of Connecticut (Haight, J.), which dismissed two of Allco's related, but not formally consolidated, Complaints ("the Complaints"). The Complaints focus on Connecticut...

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