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Appalachian Voices v. State Corp. Comm'n

ELR Citation: 39 ELR 20092
Nos. No. 08-1433, (Va., 04/17/2009)

The Virginia Supreme Court upheld the constitutionality of Virginia Code §56-585.1(A)(6), a provision of the state's utility law that requires coal-fired power plants to use Virginia coal. Environmental groups, challenging the state's approval of the construction of a coal-fired power plant, argued that the law violates the U.S. Commerce Clause because of the Virginia coal requirement. But §56-585.1(A)(6) does not require that coal plants use Virginia coal exclusively. In fact, there is a statutory disincentive to use Virginia coal if use of out-of-state coal is more economical.