ENERGY AND ENVIRONMENT LEGAL INSTITUTE v. EPEL

Civil Action No. 11-cv-00859-WJM-BNB.

ENERGY AND ENVIRONMENT LEGAL INSTITUTE, and ROD LUECK, Plaintiffs, v. JOSHUA EPEL, JAMES TARPEY, and PAMELA PATTON, in their official capacities as Commissioners of the Colorado Public Utilities Commission, Defendants, and ENVIRONMENT COLORADO, CONSERVATION COLORADO EDUCATION FUND, SIERRA CLUB, THE WILDERNESS SOCIETY, SOLAR ENERGY INDUSTRIES ASSOCIATION, and INTERWEST ENERGY ALLIANCE, Intervenor-Defendants,

United States District Court, D. Colorado.

May 1, 2014.


Attorney(s) appearing for the Case

Energy & Environment Legal Institute, Plaintiff, represented by David Walter Schnare , FME Law Clinic.

Rod Lueck, Plaintiff, represented by David Walter Schnare , FME Law Clinic & Michael David Pepson , Cause of Action.

Joshua Epel, Defendant, represented by Kathleen L. Spalding , Colorado Attorney General's Office & William V. Allen , Colorado Attorney General's Office.

James Tarpey, Defendant, represented by Kathleen L. Spalding , Colorado Attorney General's Office & William V. Allen , Colorado Attorney General's Office.

Pamela Patton, Defendant, represented by Kathleen L. Spalding , Colorado Attorney General's Office & William V. Allen , Colorado Attorney General's Office.

Environment Colorado, Intervenor Defendant, represented by Bruce C. Driver , Bruce Driver, LLC, Erin Alene Overturf , Western Resource Advocates, Michael Stephen Freeman , Earthjustice Legal Defense Fund & Michael Alan Hiatt , Earthjustice Legal Defense Fund.

Conservation Colorado Education Fund, Intervenor Defendant, represented by Erin Alene Overturf , Western Resource Advocates & Michael Stephen Freeman , Earthjustice Legal Defense Fund.

Sierra Club, Intervenor Defendant, represented by Bruce C. Driver , Bruce Driver, LLC, Erin Alene Overturf , Western Resource Advocates, Michael Stephen Freeman , Earthjustice Legal Defense Fund & Michael Alan Hiatt , Earthjustice Legal Defense Fund.

Wilderness Society, The, Intervenor Defendant, represented by Bruce C. Driver , Bruce Driver, LLC, Erin Alene Overturf , Western Resource Advocates, Michael Stephen Freeman , Earthjustice Legal Defense Fund & Michael Alan Hiatt , Earthjustice Legal Defense Fund.

Solar Energy Inustries Association, Intervenor Defendant, represented by Neil Levine , Neil Levine Law Offices.

Interwest Energy Alliance, Intervenor Defendant, represented by John Edward Putnam , Kaplan Kirsch & Rockwell, LLP.


ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' EARLY MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' LACK OF STANDING

WILLIAM J. MARTÍNEZ, District Judge.

This action challenges the constitutionality of Colorado's Renewable Energy Standard statute, Colo. Rev. Stat. § 40-2-124. Specifically, Plaintiffs seek a declaration that particular provisions of this statute and their implementing regulations violate the Commerce Clause of the United States...

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