Minnesota appeals ruling re electricity imports based on carbon emissions
Originally published May 22, 2014
The state of Minnesota has appealed a federal district court decision overturning a Minnesota law that would impose restrictions on carbon dioxide emissions from the generation of electricity imported into and consumed in the state. The state of North Dakota and others challenged Minnesota’s Next Generation Energy Act of 2007 (NGEA); the U.S. District Court for the District of Minnesota on April 18 held that it violates the Commerce Clause of the U.S. Constitution. Minnesota filed the appeal May 19 with the U.S. Court of Appeals for the 8th Circuit.
North Dakota was joined in the lawsuit by Missouri River Energy Services, two electric cooperatives (Basin Electric Power Cooperative and Minnkota Power Cooperative), two coal companies (The North American Coal Corp. and Great Northern Properties Ltd. Partnership), and the Lignite Energy Council. The American Public Power Association and the National Rural Electric Cooperative Association filed a joint brief in support of the challenge to the Minnesota law.
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