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ENERGY AND ENVIRONMENT LEGAL INSTITUTE v. EPEL

No. 14-1216.

793 F.3d 1169 (2015)

ENERGY AND ENVIRONMENT LEGAL INSTITUTE; Rod Lueck, Plaintiffs — Appellants, v. Joshua EPEL; James Tarpey; Pamela Patton, in their official capacities as Commissioners of the Colorado Public Utilities Commission, Defendants — Appellees, and Environment Colorado; Conservation Colorado Education Fund; Sierra Club; The Wilderness Society; Solar Energy Industries Association; Interwest Energy Alliance, Defendants Intervenors — Appellees.

United States Court of Appeals, Tenth Circuit.

July 13, 2015.

Attorney(s) appearing for the Case

David W. Schnare of Free Market Environmental Law Clinic, Burke, VA (Michael D. Pepson of Cause of Action, Washington, D.C., with him on the briefs) for Plaintiffs-Appellants.

Will V. Allen, Assistant Attorney General, Denver, CO, for Defendants-Appellees.

John E. Putnam of Kaplan Kirsch & Rockwell LLP, Denver, CO, (Neil Levine, Denver, CO; Michael S. Freeman and Michael A. Hiatt of Earthjustice, Denver, CO; and Erin Overturf of Western Resource Advocates, Boulder, CO, with him on the brief), for Defendants Intervenors-Appellees.

Before TYMKOVICH, EBEL, and GORSUCH, Circuit Judges.

Can Colorado's renewable energy mandate survive an encounter with the most dormant doctrine in dormant commerce clause jurisprudence? State law requires electricity generators to ensure that 20% of the electricity they sell to Colorado consumers comes from renewable sources. Under the law, too, this number will rise over...

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