Eighth Circuit Upholds Ruling Invalidating Minnesota's Restriction On Power Plant Carbon Dioxide Emissions

On June 15, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a district court ruling that struck down as unconstitutional a portion of a Minnesota statute limiting increases in carbon dioxide emissions from energy facilities. North Dakota v. Heydinger, No. 14-2156. North Dakota and coal and energy industry groups ("Plaintiffs") brought the suit to challenge a restrictive provision in Minnesota's Next Generation Energy Act ("NGEA").

The provision in question prohibited the construction of new large energy facilities, importation of power from new large energy facilities, and creation of new long-term power purchase agreements that would increase "the total annual emissions of carbon dioxide from the generation of electricity within the state and all emissions of carbon dioxide from the generation of electricity imported from outside the state and consumed in Minnesota."