North Dakota Suing Minnesota Over Alleged Interstate Commerce Infringements

BISMARCK, ND – North Dakota Attorney General Wayne Stenehjem is announcing a lawsuit against the State of Minnesota over the latter state’s restrictions on using power from coal plants, among other sources.

“It is unfortunate it has come to this. As Minnesota seeks to rebuild its economy, it will need energy,” said Stenehjem in a press release. “Much of that energy will need to come from sources outside Minnesota.”

In its lawsuit, North Dakota alleges that the Next Generation Energy Act violates the Commerce Clause of the United States Constitution, unconstitutionally interfering with North Dakota’s energy production. The NGEA imposes prohibitions on energy imported from North Dakota, and while the law does make some exemptions the State of North Dakota is alleging that those exemptions benefit only Minnesota-based businesses and projects.

The complaint alleges that the NGEA favors new large energy projects in Minnesota or Minnesota-based businesses with new large energy projects to the detriment of North Dakota and other out-of-state interests and entities.

The Minnesota state legislature attempted in multiple bills to repeal all or parts of the NGEA, but those efforts were stymied during the session by Governor Mark Dayton.

“Over the last four years, we in North Dakota have made every effort to convince Minnesota officials to rescind this Act,” said Stenehjem. “Earlier this year, the Minnesota Legislature, in a bipartisan move, voted to repeal the law, but the Governor of Minnesota vetoed the legislation. But for the veto of the law by their Governor, we would not have had to take this step.”

In the 2005 ruling on Gonzales vs. Raich the Supreme Court stated “the primary use of the [Interestate Commerce] Clause was to preclude the kind of discriminatory state legislation that had once been permissible” under the Articles of Confederation which preceded the Constitution.

Written by: Plains Daily Report on November 2, 2011.