In Colorado, clean energy battle is far from over

Green energy proponents scored a big win recently when a federal judge dismissed a challenge to Colorado's renewable energy standard. However, the fight over clean power generation requirements is far from over. This case is one of many attacks on renewable energy mandates playing out around the country. And even though the Washington, D.C., law firm leading the charge against Colorado's law lost this round, it has vowed to appeal. Coloradans, who created the first version of the state's renewable energy standard via ballot initiative in 2004, should be prepared for a long battle if they want to continue to require utilities to look to renewable sources of power. In all, 30 states have initiated renewable energy standards. Efforts to weaken those standards — whether by legislation or court challenges — have taken place in 22 states during the last year, according to an analysis by Greentech Media, an independent publication focused on the green technology market. In Colorado, for instance, the lawsuit was brought by the Energy and Environment Legal Institute, which used to be called the American Tradition Institute. The plaintiffs, who include a Morrison man, contended the Colorado renewable energy standard violates the U.S. Constitution's commerce clause. So, how does the commerce clause come into play? First, it's helpful to understand Colorado's standard. Investor-owned utilities, such as Xcel, must get 30 percent of the power they sell in the state from renewables by 2020. Large cooperative electric associations must get 20 percent by the same deadline. The plaintiffs argued that energy transmission and purchase is fluid, crossing state lines. In requiring renewables, the law burdens interstate commerce by restricting marketplace access to those generating non-renewable energy. U.S. District Judge William J. Martinez disagreed, saying the quota didn't force out-of-state energy generators to do business in a particular way. The plaintiffs wasted no time in saying they would appeal, hoping to ultimately take the matter to the U.S. Supreme Court. They contend an opposite decision out of Minnesota on renewables makes a high court review probable. We hope they are unsuccessful. Colorado's renewable standard has been a success, prompting energy diversification and job growth. It would be a shame if this home-grown standard were dismantled by outside interests with different priorities. Read more: In Colorado, clean energy battle is far from over - The Denver Post http://www.denverpost.com/editorials/ci_25777671/colorado-clean-energy-battle-is-far-from-over#ixzz32SY9uHBw Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse Follow us: @Denverpost on Twitter | Denverpost on Facebook