Many states have been taking steps to increase the use of renewable energy sources such as wind and solar. However, because electricity is a commodity in interstate commerce and electrons once on the grid do not respect state borders, these state efforts have begun to collide with the dormant Commerce Clause (the principle that the Constitution’s grant of authority to Congress to regulate commerce among the states also limits the ability of the states to discriminate against other states) and related constitutional doctrines.
Environmental Law | Law
Sabin Center for Climate Change Law
Michael B. Gerrard,
Federalism Obstacles to Advancing Renewable Energy,
N.Y.L.J., May 8, 2014
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3068