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North Dakota's Electricity Case against Minnesota Survives First Legal Challenge

A federal judge has ruled that the state of North Dakota's case against Minnesota can move forward, as North Dakota has a "plausible" claim that a 2007 Minnesota energy law is invalid due to preemption by federal law.  Minnesota's Next Generation Energy
October 3, 2012

A federal judge has ruled that the state of North Dakota's case against Minnesota can move forward, as North Dakota has a "plausible" claim that a 2007 Minnesota energy law is invalid due to preemption by federal law.  Minnesota's Next Generation Energy Act bars new coal-fired power plants in Minnesota and restricts out-of-state imports of new coal-based power generation unless the carbon dioxide is offset with reductions elsewhere.  North Dakota filed suit because the law hinders its ability to utilize its deposits of lignite coal to generating electricity in new power plants and sell such electricity across state lines.  Read more here.

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