WILMINGTON, Del. (AP) Attorneys for Gov. Jack Markell have asked a federal judge to dismiss a lawsuit challenging a deal to draw California-based fuel cell manufacturer Bloom Energy to Delaware. The deal involves millions in state taxpayer dollars and higher rates on Delmarva Power customers.
FuelCell Energy Inc., a Connecticut-based fuel cell manufacturer, argues that the Bloom Energy project amounts to economic protectionism. The project is one of Markell's signature job creation efforts.
"What we're asking for is for the court to permit free competition," said Amber Abassi, a lawyer for Cause of Action, a Washington D.C.-based legal advocacy group. The group is representing FuelCell Energy and a Delmarva ratepayer in the suit.
Private attorneys hired by the state to represent Markell argued Wednesday that the suit should be dismissed because FuelCell has made no effort to conduct business in Delaware. They also say FuelCell cannot show that it has been harmed by the deal.