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dormant commerce clause

LSP Transmission Holdings, LLC v. Sieben

ELR Case

The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct,...

NextEra Energy Capital Holdings, Inc. v. Walker

ELR Case

A district court held that a Texas right-of-first-refusal law giving existing electricity transmission providers in the state a preference to build and operate new lines is constitutional. An energy company argued the Texas law barred...

American Fuel & Petrochemical Manufacturers v. O'Keeffe

ELR Case

The Ninth Circuit affirmed the dismissal of oil and trucking industry groups' challenge to Oregon's Clean Fuels Program, which regulates production and sale of transportation fuels based on greenhouse gas emissions. The groups argued...

Minnesota Sands, LLC v. Winona, Minnesota, County of

ELR Case

A Minnesota appellate court affirmed a lower court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued that the ordinance...

Energy & Environmental Legal Institute v. Epel

ELR Case

The Tenth Circuit upheld on constitutional grounds Colorado's mandate that 20% of the electricity that generators sell to Colorado consumers come from renewable sources. A conservative energy group claimed that the renewable energy...

Pike Balancing: Vulnerabilities of State Greenhouse Gas Regulations and Possible Solutions

ELR Article

The dormant Commerce Clause prohibits state-level regulations that improperly discriminate against out-of-state-interests or unduly burden interstate commerce. As such, this doctrine may present a barrier to state-level greenhouse gas...

North Dakota v. Heydinger

ELR Case

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation...

Fracturing Moratoria Under the Dormant Commerce Clause: The Need to Shape Rather Than Resist the Shale Gale

ELR Article

Opponents of oil and gas exploration using hydraulic fracturing have been advocating bans or moratoria on use of the technology, beginning in Vermont and New York. In the summer of 2013, several state legislatures, e.g., California and...