The owners of a natural gas power plant in Washington filed a petition for writ of certiorari asking the U.S. Supreme Court to consider their claim that Washington’s Climate Commitment Act violates the dormant Commerce Clause by distributing “no-cost allowances” for power plants owned by in-state utilities while requiring the owners of independent power plants to purchase allowances. The petition presented the questions of whether Supreme Court precedent “immunizes State laws affecting utilities from challenge under the dormant Commerce Clause, even when those laws affect competitive markets” and whether “alleging interstate and market-wide consequences of a state law, including a protectionist effect, adequately alleges a burden on interstate commerce, as five Justices would have held in National Pork Producers Council v. Ross, 598 U.S. 356 (2023).”

Out-of-state power plant owner's challenge to the Washington’s Climate Commitment Act's allocation of no-cost greenhouse gas emissions allowances.

Invenergy Thermal LLC v. Sixkiller

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Non-Utility Owners of Washington Power Plant Sought Supreme Court Review of Washington Law’s Allocation of Emissions Allowances

Filed

United States of America

Washington

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Non-Utility Owners of Washington Power Plant Sought Supreme Court Review of Washington Law’s Allocation of Emissions Allowances

Policy instrument

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance