At American Spectator Online today, American Tradition Institute executive director Paul Chesser explains why ATI’s lawsuit against the State of Colorado over the unconstitutionality of its Renewable Energy Standard is about “putting wind energy on trial,” because it violates the Commerce Clause. An excerpt:

Last week our organization, American Tradition Institute, sued the State of Colorado in federal court because we assert that its Renewable Energy Standard law violates the Commerce Clause of the Constitution.

The mandate requires that major utilities in the state (mainly Xcel Energy, which favors the law) to obtain 30 percent of their power generation from “renewable” sources, such as wind or solar, by the year 2020. It shouldn’t be difficult for anyone who is slightly familiar with the Commerce Clause to understand why a state law that restricts the sale of a product (electricity), which is delivered on a grid that crosses state lines, would violate that clause. We seek 12 claims for relief under the Commerce Clause, which you can read in our complaint. Many of them have to do with forcing Xcel to purchase power from “renewable” sources — with favoritism for those in state — which discriminates against electricity generators from out of state. This impermissibly burdens interstate commerce.

What has confused some people, including myself a little bit, is our Law Center director David Schnare’s explanation that we are “putting wind energy on trial.” What does that have to do with the Commerce Clause?

Well, there’s a history. A 1970 Supreme Court decision in Pike v. Bruce Church, Inc. established a “balancing test,” which said if the effects on interstate commerce are only “incidental” compared to the local benefits a statute establishes, then it will be upheld. But if the burden on interstate commerce “is clearly excessive in relation to the putative local benefits,” then it is unconstitutional.

To read the complete article, visit American Spectator Online.

For an interview with American Tradition Institute executive director Paul Chesser or Environmental Law Center director David Schnare, call (202)670-2680 or email [email protected].