In a PR stunt, Gov. Dayton announced that he’s appealing the ruling shooting down the Next Generation Energy Act, aka the NGEA. It’s a PR stunt because Gov. Dayton said “it’s a matter of protecting air quality.” The Eighth Circuit Court of Appeals disagrees, saying that “Minnesota would need Congressional approval to enforce that section of the 2007 law.”
Gov. Dayton is standing on shaky constitutional ground. He’s argued that the NGEA “doesn’t illegally restrict new coal-powered plants but merely requires that they be offset by reductions at existing plants.” That’s irrelevant. The Interstate Commerce Clause, found in Article I, Section 8, Clause 3 of the US Constitution states “The Congress shall have Power To … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Think of the insanity if this wasn’t the case. If the ICC didn’t exist, North Dakota could pass a law that requires all electricity sold into North Dakota had to be from nuclear power plants. Without the ICC, Minnesota would face a choice of not selling electricity into North Dakota or to generate that electricity at nuclear power plants.
Such laws would demolish state sovereignty. That’s intolerable.
A three-judge panel of the 8th U.S. Circuit Court of Appeals affirmed a lower court’s decision last week that barred Minnesota from enforcing key sections of the Next Generation Energy Act. The court sided with North Dakota utilities and other interests that argued [the NGEA] illegally regulates out-of-state utilities.
As usual, Rep. Pat Garofalo nails it with this statement:
This is an election year stunt aimed at improving turnout with environmental activists. It’s Gov. Dayton’s signal that he’s with them. Sadly, Gov. Dayton didn’t swear an oath to be with them. The oath he took said that he’d uphold the Minnesota Constitution and the US Constitution. As usual, he’s got his priorities all mixed up.
Authored By Let Freedom Ring Blog