Think 10th Circ. Endorses State RPS? Think Again

Law360, New York (August 26, 2015, 1:18 PM EDT) -- Last month, the Tenth Circuit rejected a challenge in Energy & Environment Legal Institute et al. v. Joshua Epel et al. that, by favoring renewable energy sources over electric generation fueled by coal, oil or natural gas, Colorado's Renewable Energy Standard statute violated the dormant Commerce Clause. The case, brought by the Energy & Environmental Law Institute,[1] a fossil fuel advocacy group, garnered considerable national attention. But, while some advocates of renewable energy have characterized the ruling as a general endorsement of state laws adopting renewable portfolio standards[2] (i.e., laws mandating that certain minimum percentages of a utility's energy output come from wind, solar power, biomass or hydroelectric facilities), that is decidedly not the case....

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