Energy and Environment Legal Institute v Epel

Institute sued Epel is his capacity as a Colorado public utilities commissioner arguing that Colorado’s renewable energy mandate violated the extraterritoriality branch of the dormant commerce clause. The district court granted Epel summary judgment and the panel affirmed. It held that under Supreme Court precedent, the extraterritoriality per se rule only applies in cases where explicit price controls which are linked to the price in state which discriminate against lower cost out of state competitors. None of these factors are present in the renewable energy program and the panel refused to extend the reasoning to this case as there was no limiting principle and the extraterritorial rule would end up gutting state power to pass and enforce laws. The panel also held that Institute was not harmed by an erroneous denial of its request for more time to complete discovery as it in fact got eh time and completed discovery.