Amy Oliver Show featuring Dr. David Schnare on Renewables Lawsuit, KFKA Colorado, April 6, 2011
ATI Law Center Director David Schnare discusses ATI’s U.S.C. Commerce Clause challenge to lawsuit the State of Colorado’s “Expensive Energy Mandate”, a.k.a. Renewable Energy Standard (RES). The lawsuit‘s broader claim that Colorado’s “RES” falls under one of the very few powers specifically enumerated to the U.S. Congress, not to the states, lies at the heart of the suit – and holds implications for the other 30 states which have an RPS/RES of some type in place. ATI’s narrower claim, regarding the Colorado law’s discrimination against out-of-state renewables, would affect the majority of those 30 states, due to similar discriminatory provisions in their respective statutes.


