Why North Dakota Could Sue Minnesota Over Clean Energy
upstart writes:
In early February, lawmakers in Minnesota passed a law requiring the state's power utilities to supply customers with 100 percent clean electricity by 2040 - one of the more ambitious clean energy standards in the United States. Democrats, who clinched control of the state legislature in last year's midterm elections, were euphoric. But not everyone in the region is enthused about Minnesota's clean energy future. The state may soon face a legal challenge from its next-door neighbor, North Dakota.
Not long after Minnesota's governor signed the law, the North Dakota Industrial Commission, the three-member body that oversees North Dakota's utilities, agreed unanimously to consider a lawsuit challenging the new legislation. The law, North Dakota regulators said, infringes on North Dakota's rights under the Dormant Commerce Clause in the United States Constitution by stipulating what types of energy it can contribute to Minnesota's energy market.
"This isn't about the environment. This is about state sovereignty," North Dakota Governor Doug Burgum, the chair of the Industrial Commission, said. Minnesota Governor Tim Walz, a longtime proponent of clean energy legislation, was quick to respond. "I trust that this bill is solid," he told reporters. "I trust that it will stand up because it was written to do exactly that."
[...] It's no mystery why North Dakota was so quick to go on the offensive. Most of the state's power comes from coal, and it sells some 50 percent of the electricity it generates to nearby states. Its biggest customer is Minnesota. [...]
"Minnesota is under no legal duty to prop up North Dakota power plants," Michael Gerrard, founder of Columbia University's Sabin Center for Climate Change Law, told Grist. The state would find itself in legal trouble if it discriminated between in-state and out-of-state power plants, he said. [...]
Read more of this story at SoylentNews.