Tuesday, July 14, 2015

Energy & Environment Legal v. Epel

<> Energy & Environment Legal v. Epel - 7/13/15. In the U.S. Court of Appeals, Tenth Circuit, Case No. 14-1216. In an important case challenging the constitutionality of Colorado's renewable energy law mandating 20% renewable and increasing over time. 
     The Appeals Court notes: "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.