In Energy and Env’t Legal Inst. v. Epel, 10th Cir. No. 14-1216 (July 13, 2015), the 10th Circuit Court of Appeals rejected a challenge to Colorado’s renewable energy mandate, which required electricity generators to ensure that 20% of the electricity they sold to Colorado consumers came from renewable sources. The appellants argued that given the interstate nature of the electricity grid, the mandate harmed out-of-state coal producers and consumers in violation of the dormant commerce clause of the federal constitution. The court disagreed, concluding that the appellants failed to establish that the mandate directly regulated prices or disproportionately harmed out-of state producers or consumers.
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