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ARTICLE · 22 JUNE 2016

Minnesota May Not Prohibit Power Sales That Would Increase Statewide CO2 Emissions. Why Not? Pick Your Reason

If you needed any further proof that energy law is is very complicated, Wednesday's decision in North Dakota v. Heydinger should convince you.The judgment is simple...

United StatesEnvironment

If you needed any further proof that energy law is very complicated, Wednesday's decision in North Dakota v. Heydinger should convince you.  The judgment is simple – the 8th Circuit Court of Appeals struck down a Minnesota statute which provides in part that:

"no person shall . . . (2) import or commit to import from outside the state power from a new large energy facility that would contribute to statewide power sector carbon dioxide emissions; or (3) enter into a new long-term power purchase agreement that would increase statewide power sector carbon dioxide emissions."

Why, you ask?

  • The panel  opinion, by Judge Loken, stated that the Minnesota statute violates the dormant Commerce Clause, by regulating purely "extraterritorial" economic activity.

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