Colo. Renewable Energy Rule Not Unconstitutional: Judge

By David McAfee (May 9, 2014, 8:10 PM EDT) -- A Colorado federal judge on Friday rejected the plaintiffs' bid for a declaration that Colorado's Renewable Energy Standard statute, which requires the state's utility companies to obtain more electricity from renewable sources, is unconstitutional, saying the plaintiffs failed to show that the rule burdens interstate commerce.

Colorado voters passed Amendment 37, which was intended to promote the development of renewable energy, in 2004. The plaintiffs, including Energy and Environment Legal Institute, sued members of the Colorado Public Utilities Commission and others alleging that the provision violates the Commerce Clause of the United States Constitution.

But U.S. District Judge William J. Martinez...

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