E&E Legal v. CO

31 05, 2018

Federalist Society: Extraterritorial Ambition: State Energy Taxes and the Question of Imported Electricity

2018-06-12T13:16:26-04:00May 31st, 2018|E&E Legal v. CO, Media Coverage, Petition Litigation, Renewable Energy|

The Federalist Review Volume 19 This short article examines how the extraterritoriality doctrine might apply to state energy taxes imposed on electricity that is generated in one state but used in a different taxing state, when the purpose of the tax is to discourage greenhouse gas emissions. The extraterritoriality doctrine precludes a state from regulating [...]

23 11, 2015

E&E Legal Letters Issue IX: E&E Legal Petitions Supreme Court Re: CO RES Case

2016-12-11T17:07:36-05:00November 23rd, 2015|E&E Legal Letters, E&E Legal v. CO, Renewable Energy, Schnare|

On October 9th, The Energy & Environment Legal Institute (E&E Legal) filed a Petition for Certiorari with the United States Supreme Court regarding the suit E&E Legal brought against the State of Colorado concerning the constitutionality of its Renewable Energy Standards (RES). E&E Legal has now asked the U.S. Supreme Court to review this case [...]

16 11, 2015

Cato: Supreme Court Must Defend Interstate Commerce

2016-12-11T17:07:36-05:00November 16th, 2015|E&E Legal v. CO, Media Coverage, Renewable Energy|

by Ilya Shapiro and Randal John Meyer Cato Institute The Commerce Clause, while invoked since the New Deal as a warrant for progressive federal policy, actually provides protections for businesses against state regulations that burden interstate commerce. In Brown-Forman Distillers Corp. v. New York State Liquor Authority (1986), for example, the Supreme Court struck down [...]

14 10, 2015

Press Release: E&E Legal Petitions the Supreme Court Re: Colorado Renewable Energy Standards Case

2016-12-11T17:07:36-05:00October 14th, 2015|E&E Legal v. CO, Press Releases, Schnare, U.S. Supreme Court|

For Immediate Release: October 14, 2015 Contact: Craig Richardson [email protected] 202-758-8301 E&E Legal Petitions the Supreme Court Regarding the Constitutionality of Colorado's Renewable Energy Standards Washington, D.C.  - On Friday, The Energy & Environment Legal Institute (E&E Legal) filed a Petition for Certiorari with the United States Supreme Court regarding the suit E&E Legal brought against the State [...]

14 07, 2015

Press Release: E&E Legal’s Response to 10th Circuit U.S. Court of Appeals Decision re: E&E Legal v. Epel

2016-12-11T17:07:38-05:00July 14th, 2015|E&E Legal v. CO, Press Releases, Renewable Energy, Schnare|

For Immediate Release: July 14, 2015 Contact: David W. Schnare [email protected] 571-243-7975 In a brief, harmful opinion straying from well-established precedent, on Monday the U.S. Court of Appeals for the Tenth Circuit in E&E Legal Institute v. Epel condemned the 128,000 poorest families in Colorado, many living well below the federal poverty line, to perpetual [...]

29 01, 2015

Law Week Colorado: Renewable Energy Standard Under Fire

2015-01-30T17:51:04-05:00January 29th, 2015|E&E Legal v. CO, Media Coverage, Renewable Energy, Schnare|

by Tony Flesor Law Week Colorado Colorado’s Renewable Energy Standard is facing challenges on two fronts: in the courts and in the legislature... Last year, the RES temporarily survived an attempt to remove it when a Colorado District Court judge ruled against the activist group, the Environment and Energy Legal Institute, which goes by the [...]

24 11, 2014

Heartlander Magazine: Colorado’s Renewable Energy Mandate Constitutionality Challenged

2014-12-01T15:27:31-05:00November 24th, 2014|E&E Legal v. CO, Media Coverage, Petition Litigation, Schnare|

by H. Sterling Burnett, Ph.D Heartland Institute The Energy & Environment Legal Institute is challenging the constitutionality of Colorado’s renewable energy standard. In November of 2004, Colorado voters passed a referendum imposing a renewable portfolio standard on the state. This was the first time a referendum had been used to pass a renewable power mandate, occurring [...]

17 11, 2014

Harvard ELR: Upholding Clean Energy in Colorado—and Hopefully Beyond

2014-11-17T17:11:28-05:00November 17th, 2014|E&E Legal v. CO, Media Coverage, Renewable Energy|

By Samantha Caravello Harvard Environmental Law Review Acting as laboratories for energy policy, some states have been much more effective than the federal government in promoting renewable energy development, often through the enactment of Renewable Portfolio Standards (“RPS”). RPSs require electricity-selling companies to generate a minimum percentage of their electricity from renewable sources. These minimum targets [...]

3 07, 2014

Legal Letters III: Colorado’s RES Case Heads to 10th Circuit Appeals Court

2016-12-11T17:07:58-05:00July 3rd, 2014|E&E Legal Letters, E&E Legal v. CO, Schnare|

By Dr. David Schnare General Counsel In May, the U.S. District Court for Colorado cleared the path for appellate review by the U.S. Court of Appeals for the 10th Circuit of the question as to whether Colorado can force renewable energy producers in other states to meet Colorado regulations. The District Court decision is in [...]

25 06, 2014

Reuters: Opponents of renewable energy law ask for U.S. Supreme Court hearing

2014-06-26T15:35:54-04:00June 25th, 2014|E&E Legal v. CO, Media Coverage, Petition Litigation, Renewable Energy, Schnare|

by Mica Rosenberg Reuters Fuel producers are urging the U.S. Supreme Court to hear a challenge to California's landmark low carbon fuel standard, the first of a series of cases seeking to roll back state renewable energy laws around the country... In Colorado, a conservative non-profit group called the Energy & Environment Legal Institute sued [...]

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