Tuesday, December 8, 2015

Energy and Environment Legal Institute, et al., Petitioners v. Joshua Epel, et al.

<> Energy and Environment Legal Institute, et al., Petitioners v. Joshua Epel, et al. - 12/7/15. In the U.S. Supreme Court, Docket No. 15-471. Appealed from the U.S. Court of Appeals for the Tenth Circuit. Petition for a writ of certiorari denied. Important case challenging the constitutionality of Colorado's renewable energy law mandating 20% renewable and increasing over time. 
     The Tenth Circuit noted in its decision: "Because electricity can go anywhere on the grid and come from anywhere on the grid, and because Colorado is a net importer of electricity, Colorado's renewable energy mandate effectively means some out-of-state coal producers, like an EELI member, will lose business with out-of-state utilities who feed their power onto the grid. And this harm to out-of-state coal producers, EELI says, amounts to a violation of one of the three branches of dormant commerce clause jurisprudence."
     The district court disagreed with EELI's assessment and the Appeals Court affirmed.

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