State Green Energy Mandates Safe, But New Fights Ahead

By Keith Goldberg (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 to draw a percentage of their power from renewable sources because some out-of-state coal producers...

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