In yet another attempt to eliminate renewable energy – this time in Colorado – conservatives lost in federal appeals court.
Judges unanimously upheld a lower court’s ruling that Colorado’s Renewable Portfolio Standard (RPS) is indeed constitutional. Ultra-right wing Energy and Environment Legal Institute (EELI – formerly the American Tradition Institute) brought the case, arguing that the RPS harms inter-state commerce.
EELI, which has ties to the coal industry, says that by requiring utilities to source a percentage of energy from renewables, it unlawfully regulates fossil fuels from out-of-state. They claim the mandate unfairly burdens coal company Alpha Natural Resources and others.
Judges say the plaintiffs "utterly failed" to show excessive burdens compared to local benefits.
"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," says Tom Kiernan, CEO of American Wind Energy Association (AWEA). "The nation’s 29 renewable energy standards continue to play a important role in diversifying the country’s electricity portfolio’s 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."
Colorado was the first state to adopt a RPS, voted in by citizens in a referendum. Wind power alone supports about 7,000 well-paying jobs, including manufacturing jobs at 22 factories in the state. The industry has attracted $7.8 billion in capital to Colorado’s economy, says AWEA.
Colorado’s RPS requires investor-owned utilities to use 30% renewable energy by 2020 and electric coops and municipal utilities to use 10-20% by 2020.
Read our article, Memo Exposes Conservative Campaign to Turn Public Opinion Against Renewable Energy.
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