In Climate Test, Court Grapples With Extraterritorial Effect Of Colorado's RES

A federal appellate court is grappling with whether Colorado's renewable energy standard (RES) unconstitutionally limits power generation and other commercial activities in other states in a case that could be a key test for whether states can adopt similar requirements in order to comply with EPA's greenhouse gas (GHG) rule for power plants. During oral arguments late last month, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit focused almost all of its questions on whether...