A federal judge has ruled that Michigan mandating in-state renewable energy violates the Commerce Clause of the Constitution. This could have far-reaching effects in other states with similar laws, like California, Minnesota, and Colorado. California has mandated 33% renewable energy by 2020 and it must be produced in-state. The judge’s ruling would appear to contradict that.
“The case against Colorado demonstrates that nearly every state’s renewable energy mandate violates the Constitution’s Commerce Clause.” said David W. Schnare, general counsel for E&E Legal and lead attorney on the case. “A state may not tell an electric company outside its borders how to make electricity or how to make renewable energy credits.”