The Attack On State RPS Requirements

Law360, New York (June 17, 2010, 5:49 PM EDT) -- In a case that could upset state renewable energy mandates, TransCanada Power Marketing Inc. recently filed a constitutional challenge to Massachusetts' renewables portfolio standards (RPS) in the Federal District Court for the District of Massachusetts.

The complaint argues that Massachusetts' RPS law discriminates in favor of in-state renewable generation in violation of the Constitution's Commerce Clause. Although the outcome is still uncertain, the Massachusetts case has the potential to cause far-reaching changes to the existing RPS framework in many jurisdictions that favor in-state resources.

Generally, RPS...
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