The American Tradition Institute (ATI) is taking on renewable energy mandates in Colorado.
Economic analyses have shown that renewable energy mandates like Senate Bill 838 passed in Oregon will have significant negative economic impacts. In addition, it is not the proper role of government to FORCE you to purchase renewable energy.
ATI is now taking a different approach. They filed a lawsuit in federal court challenging the constitutionality of Colorado’s Renewable Portfolio Standard (RPS), based upon evidence that the state’s law violates the Commerce Clause of the U.S. Constitution.
ATI will argue that because the state mandate provides economic benefits to Colorado’s renewable electricity generators that are not available to out-of-state power generators, and because the state imposes burdens on interstate electricity generators that are not balanced by the benefits to Colorado and its citizens, that the RPS violates the Commerce Clause.
ATI also states that the law promotes renewable sources and discriminates against lower cost, more reliable energy generation from out of state suppliers, which is unconstitutional.
Here is an article about the case: http://baconsrebellion.com/2011/03/31/putting-wind-on-trial/
Think tanks are natural allies with public interest law firms — non-profit law firms that litigate landmark cases to preserve liberty. When the cooperation is close, there is no more powerful and cost-effective force to move public policy than a think tank and a p.i. law firm.
Be watching for updates on this case over the coming months!