by Craig Richardson
Executive Director, E&E Legal
The U.S. District Court for Colorado on May 9 cleared the path for appellate review by the U.S. Court of Appeals for the 10th Circuit whether Colorado can force renewable energy producers in other states to meet Colorado regulations.
The District Court decision is in stark contrast to a decision handed down only three weeks ago by the U.S. District Court for Minnesota. The decisions of the two courts are diametrically opposed. The U.S. Court of Appeals for the Ninth Circuit reflects this major split in the judiciary. In that case, heavily relied on by the Colorado District court, a 2-to-1 decision by a panel of the 9th Circuit received a vigorous dissent from seven other 9th Circuit judges.
“At the end of the day, we all knew this case was headed to the 10th Circuit and probably eventually to the Supreme Court. That is where it now will go,” said David W. Schnare, general counsel for the Energy & Environment Legal Institute (E&E Legal), plaintiffs in the Colorado case.