We know they are costly but are renewable energy mandates such as Colorado’s 30 percent mandate unconstitutional as well? Yes according to the American Tradition Institute, which “filed a complaint in a U.S. district court that contends Colorado’s RES should be declared unconstitutional because they violate the Commerce Clause, which grants only Congress the authority to regulate interstate trade.”
Paul Chesser of ATI explains in a Washington Times op-ed:
Colorado’s law mandates that 30 percent of its electricity come from renewable sources by the year 2020. That discriminates – by mandating the purchase and use of renewables – against other legal, less costly, less polluting, safer and more reliable in-state and out-of-state sources of electricity.
For example, the law places a greater value upon alternative energy initiated within its borders but not outside them. This falls under the federal government’s regulatory powers, not Colorado’s.
Our own William Yeatman is providing expert energy testimony in the case. Go here for the entire original complaint.