SEIA: Clean energy wins big in federal appeals decision
The solar industry just keeps winning. Many of the victories have come in increased adoption, investor attention and even Presidential agenda points. Now comes a victory in court as the Tenth Circuit Court of Appeals upheld the constitutionality of Colorado’s renewable portfolio standard (RPS), ruling that the state’s RPS does not impose unlawful regulations on out-of-state companies.
The state law that was under review says electric generators need to ensure that a percentage of the electricity they sell to Colorado consumers comes from renewable sources. A suit was filed by the Energy and Environment Legal Institute (EELI) that argued out-of-state companies were unfairly and adversely impacted.
The Solar Energy Industries Association and the Interwest Energy Alliance (a regional partner of the American Wind Energy Association) were two of several organizations to intervene on behalf of the Colorado Public Utilities Commission and in support of the state’s RPS.
Rhone Resch, president and CEO of the Solar Energy Industries Association, summed up the SEIA side of things in this post on the organization’s website:
Because electricity can go anywhere on the grid and come from anywhere on the grid, and because Colorado is a net importer of electricity, the state’s renewable energy mandate became a “target” for people and groups hoping to freeze or rollback RPS programs – not only in Colorado, but also in other states around the nation. By ruling on the substance of the issue, we believe the Tenth Circuit Court of Appeals decision sends a clear signal that renewable energy standards are, in fact, legal under the Constitution’s dormant commerce clause. We applaud the court for its clear guidance.
“This is a landmark day. This ruling affirms the ability of states to choose their own energy future as part of a national framework and interstate commerce,” said Tom Kiernan, CEO of AWEA. “The nation’s 29 renewable energy standards continue to play a important role in diversifying the country’s electricity portfolios in order to advance key public policy interests – including protecting consumers against fuel-price risk, improving overall system reliability and creating significant clean air and water benefits such as reducing carbon pollution and conserving fresh water.”
As Resch points out, Colorado was the first state in the U.S. to adopt a renewable energy standard by a popular vote of its citizens. The law has widely benefited the state, as wind power supports up to 7,000 well-paying jobs, including manufacturing jobs at 22 facilities around the state. Wind has attracted $7.8 billion in capital investment to the state’s economy.
The Texas renewable standard signed into law by then-Governor George W. Bush was increased in 2005 and was achieved seven years ahead of schedule. Six states – California, Michigan, New York, Minnesota, Illinois and Vermont – are seriously debating an increase in their RPS this year.
What’s it all mean? Despite the best efforts of our opponents, clean energy development continues to be a huge economic driver for America.
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