ATP, ATI file federal suit to throw out Expensive Energy Mandate

ATP, ATI file federal suit to throw out Expensive Energy Mandate
Two citizens’ groups, Morrison resident file suit against Hickenlooper, officials

DENVER – Two citizens’ groups and a Morrison resident filed a federal lawsuit suit Apr. 4 in Denver’s United States District Court seeking to have the state’s Expensive Energy Mandate declared unconstitutional.

“The Expensive Energy Mandate doesn’t just kill jobs and drive up prices, it wrongfully interferes with interstate commerce by disrupting the interstate power grid,” said American Tradition Partnership Executive Director Donald Ferguson.  “Families and consumers, along with Constitution, are wronged by the Expensive Energy Mandate.”

“Environmentalism demands policies that actually improve the environment in a manner compatible with a healthy economy.  The hard facts show that wind energy is not affordable and is not clean,” said Dr. David Schnare, Director the Environmental Law Center of the American Tradition Institute.  “As such, wind energy deserves to be put on trial.”

The suit names Governor John Hickenlooper, Regulatory Agencies Department Director Barbara J. Kelley, Public Utilities Commission Chairman Ron Binz, Public Utilities Commissioners James Tarpey and Matt Baker and Public Utilities Commission Director Doug Dean as defendants.

The suit filed by American Tradition Partnership, American Tradition Institute and tech entrepreneur Rod Lueck seeks to overturn the law on the grounds it wrongfully interferes with interstate commerce, violating Article I, Section 8 of the United States Constitution, a clause previous courts have ruled also applies to state legislatures.  The suit also argue Expensive Energy Mandates hurt consumers by raising prices for food, energy and goods and destroy jobs.

Commonly called a “renewable energy standard,” Colorado’s law mandates that 30 percent of its electricity come from renewable sources by the year 2020. By mandating the purchase and use of renewables, the Colorado statute discriminates against other less costly, less polluting, safer and more reliable in-state and out-of-state sources of electricity.  The Commerce Clause of the U.S. Constitution does not permit a state to impose burdens on the interstate market for electricity, especially when doing so means higher costs and more pollution as is the case under the Colorado law.

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