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North Dakota, State of et al v. Swanson et al
Case Number:
0:11-cv-03232
Court:
Nature of Suit:
Constitutional - State Statute
Judge:
Firms
- Ballard Spahr
- Crowley Fleck
- Fredrikson & Byron
- Greene Espel
- Jones Day
- Stinson LLP
- Winthrop & Weinstine
- Woods Fuller
Companies
- Basin Electric Power Cooperative
- Environmental Defense Fund Inc.
- Minnkota Power Cooperative Inc.
- National Mining Association
- National Rural Electric Cooperative Association
- Natural Resources Defense Council
- North American Coal Corp.
- Sierra Club
Sectors & Industries:
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April 22, 2014
State Climate Actions Stumble On Dormant Commerce Clause
A recent ruling that a Minnesota emissions law effectively barring electricity use from new coal-fired power plants is unconstitutional is the latest example of the dormant Commerce Clause impeding states' ability to regulate climate change, and experts say such legal skirmishes will continue until the U.S. Supreme Court sets clear, constitutional boundaries for states' climate policies.
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April 18, 2014
Minn. Plant Emissions Law 'Admirable' But Unconstitutional
A Minnesota federal judge blocked the enforcement of a state emissions law that effectively barred the use of electricity from new coal-fired power plants, ruling Friday that the law, challenged by neighboring North Dakota, unconstitutionally restricts interstate commerce.
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October 22, 2013
Minn. Carbon Emissions Case Sets Path For Future State Regs
A stringent Minnesota emissions law blocking electricity from new coal-fired power plants is facing a vigorous court challenge from resource-rich neighbor North Dakota, and experts say the outcome will provide a blueprint for other states looking to enact their own greenhouse gas regulations.
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November 02, 2011
Northern States Tussle Over Coal Power Importation
North Dakota and several coal and electric companies sued Minnesota on Wednesday over a state emissions law they claim unconstitutionally restricts the importation of coal-generated electricity from one of the country's largest coal-energy supplier states.