Supreme Court Gives States the Green Light to Go Ham: The Dormant Commerce Clause in Renewable Energy in Light of National Pork Producers

Two years ago, the Supreme Court slaughtered the Dormant Commerce Clause in its decision in National Pork Producers v. Ross. While the case is not explicitly about environmental law, it significantly affects environmental laws and policies, especially pertaining to state renewable portfolio standards. These state policies are especially prone to Dormant Commerce Clause litigation, given the interstate nature of electric grids. This paper argues that the scope of the Dormant Commerce Clause in light of this decision is appropriate for ensuring that states have adequate wiggle room in renewable energy regulation, but not an excessive amount of leeway so that it would hinder the national economy and disincentivize the production of renewable energy.

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Publication Details

Journal
Michigan Journal of Environmental & Administrative Law
Published
2025-01-01
DOI
https://doi.org/10.36640/mjeal.14.2.supreme
Primary Topic
Genetically Modified Organisms Research
Type
article
Field-Weighted Citation Impact
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article

Supreme Court Gives States the Green Light to Go Ham: The Dormant Commerce Clause in Renewable Energy in Light of National Pork Producers

Ellie Carl
Michigan Journal of Environmental & Administrative Law
Genetically Modified Organisms Research
article

Supreme Court Gives States the Green Light to Go Ham: The Dormant Commerce Clause in Renewable Energy in Light of National Pork Producers

Ellie Carl
article en

Abstract

Two years ago, the Supreme Court slaughtered the Dormant Commerce Clause in its decision in National Pork Producers v. Ross. While the case is not explicitly about environmental law, it significantly affects environmental laws and policies, especially pertaining to state renewable portfolio standards. These state policies are especially prone to Dormant Commerce Clause litigation, given the interstate nature of electric grids. This paper argues that the scope of the Dormant Commerce Clause in light of this decision is appropriate for ensuring that states have adequate wiggle room in renewable energy regulation, but not an excessive amount of leeway so that it would hinder the national economy and disincentivize the production of renewable energy.

Michigan Journal of Environmental & Administrative Law(14.2)
University of Michigan (US)
Openalex Percentile: Top 80%
Genetically Modified Organisms Research
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