State Green Energy Mandates Safe, But New Fights Ahead

Law360, New York (July 15, 2015, 2:18 PM EDT) -- The Tenth Circuit's decision Monday upholding Colorado's renewable energy mandate likely shuts the door on constitutional challenges to the existence of state green energy requirements and shifts the legal battleground to whether the specifics of such programs run afoul of the Constitution's dormant commerce clause, experts say.

A three-judge panel rejected the argument from fossil fuel advocacy group Energy & Environment Legal Institute that since Coloradans receive their energy from an interstate grid, the state's Renewable Energy Standard violates the dormant commerce clause by requiring utilities...
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Case Information

Case Title

Energy & Environment Legal, et al v. Epel, et al

Case Number



Appellate - 10th Circuit

Nature of Suit

3950 Constitutionality of State Statutes

Date Filed

June 3, 2014

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