Eighth Circuit to Decide Dispute Between Minnesota and North Dakota Over Coal-Generated Electricity Regulations
The states of North Dakota and Minnesota are involved in a dispute over Minnesota regulations restricting new coal-based power generation. North Dakota challenged the law in the federal district court arguing that the law violates the Commerce Clause of the U.S. Constitution because of its effect on out-of-state utilities. North Dakota won at the district court level, but Minnesota has appealed to the Eighth Circuit Court of Appeals. The Court is expected to rule on the appeal within the next several months.