North Dakota, et al. v. Heydinger (Minnesota)

Case Updates

The Eighth Circuit affirmed the decision of the district court, holding that the court properly concluded that the NGEA violated the Commerce Clause because it sought to reduce coal emissions occurring beyond Minnesota’s borders by prohibiting transactions that originate outside the state. Agreeing with the court below, the Eight Circuit held that Minnesota’s Next Generation Energy Act (“NGEA”) was a per se violation of the dormant Commerce Clause because it impermissibly imposed the cost-hiking Minnesota policy on the legitimate regulatory schemes of other states.

In the coalition brief, the Chamber asked the U.S. Court of Appeals for the Eighth Circuit to uphold a district court decision that invalidated Minnesota’s Next Generation Energy Act (“NGEA”), a law that purports to combat global climate change by effectively banning power generated from coal-fired power plants from entering the state. The Chamber’s brief argued that the NGEA violates the Commerce Clause by regulating out-of-state energy generation, and threatens to disrupt interstate electricity markets.

The Chamber filed the brief jointly with the Minnesota Chamber of Commerce, the National Association of Manufacturers, and the American Fuel and Petrochemical Manufacturers.

Roger R. Martella, Eric D. McArthur, Joshua J. Fougere, and Maureen B. Soles of Sidley Austin, LLP represented the U.S. Chamber of Commerce as counsel to the U.S. Chamber Litigation Center.