AMERICAN TRADITION INSTITUTE v. COLORADO

Civil Action No. 11-cv-00859-WJM-BNB.

876 F.Supp.2d 1222 (2012)

AMERICAN TRADITION INSTITUTE, American Tradition Partnership, and Rod Lueck, Plaintiffs, v. State of COLORADO, John Hickenlooper, individually and in his official capacity as the Governor of Colorado, Barbara J. Kelley, individually and in her official capacity as the Executive Director of the Colorado Department of Regulatory Agencies, Joshua Epel, individually and in his official capacity as Chairman of the Colorado Public Utilities Commission, James Tarpey, individually and in his official capacity as a Commissioner of the Colorado Public Utilities Commission, Matt Baker, individually and in his official capacity as a Commissioner of the Colorado Public Utilities Commission, and Doug Dean, individually and in his official capacity as Director of the Colorado Public Utilities Commission, Defendants, and Environment Colorado, Colorado Environmental Coalition, Sierra Club, and The Wilderness Society, Intervenor-Defendants.

United States District Court, D. Colorado.

July 17, 2012.


Attorney(s) appearing for the Case

David Walter Schnare , FME Law Clinic, Burke, VA, Jack S. Silver , Kent H. Holsinger , Laura L. Chartrand , Holsinger Law, LLC, Denver, CO, for Plaintiffs.

Michael Stephen Freeman , Earthjustice Legal Defense Fund, Denver, CO, for Intervenor-Defendants.

Erin Alene Overturf , Kathleen L. Spalding , William V. Allen , Colorado Attorney General's Office, Denver, CO, for Defendants.


ORDER RESOLVING MOTIONS TO DISMISS

WILLIAM J. MARTÍNEZ, District Judge.

This action challenges the constitutionality of Colorado's Renewable Energy Standard statute (the "RES"), Colorado Revised Statute § 40-2-124. Specifically, Plaintiffs seek a declaration that particular provisions of the RES and their implementing regulations violate the Commerce Clause of the United States Constitution, injunctive relief preventing enforcement of those provisions...

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