The Eighth Circuit Court of Appeals affirmed a district court’s conclusion that Minnesota’s Next Generation Energy Act (NGEA) was unlawful. The NGEA barred importing energy from a “new large energy facility” outside Minnesota or entering into new long-term power purchase agreements, where such activities would contribute to statewide carbon dioxide emissions. Only one judge on the Eighth Circuit panel agreed with the district court conclusion that the statute constituted impermissible extraterritorial regulation under the dormant Commerce Clause. The other two judges concluded that the law was preempted by the Federal Power Act, with one of the two judges also concluding that the law conflicted with the Clean Air Act. A blog post about this decision appears <a href="http://blogs.law.columbia.edu/climatechange/2016/06/21/8th-circuit-rules-minnesota-cant-proscribe-purchase-of-electricity-from-new-coal-fired-power-plants-judges-disagree-as-to-why/">here</a>.

Challenge to Minnesota law that prohibits importation of power from large energy facilities that would contribute to statewide greenhouse gas emissions.


North Dakota v. Heydinger

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Eighth Circuit Panel Agreed That Minnesota Low-Carbon Power Law Was Unlawful But Disagreed as to Why

Filed

United States of America

Minnesota

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Eighth Circuit Panel Agreed That Minnesota Low-Carbon Power Law Was Unlawful But Disagreed as to Why

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance