On September 27, the U.S. Court of Appeals for the Second Circuit issued a decision affirming the district court in upholding the New York zero emission credit (ZEC) program for the state’s nuclear generation facilities.  The Second Circuit rejected the Plaintiffs‐Appellants’ claims that the program is preempted under the Federal Power Act (FPA) and that it violates the dormant Commerce Clause.  The Second Circuit concluded that the ZEC program is not field preempted because Plaintiffs have failed to identify an impermissible “tether” under Hughes v. Talen Energy Marketing, LLC, 136 S. Ct. 1288, 1293 (2016), between the ZEC program and wholesale market participation.  In addition, the Second Circuit ruled that the ZEC program is not conflict preempted because the Plaintiffs‐Appellants failed to identify any clear damage to federal goals.  Finally, the Second Circuit concluded that the Plaintiffs‐Appellants lack Article III standing to raise a dormant Commerce Clause claim.