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Ungraded Writing Assignment #3

This document provides a hypothetical constitutional law exam question regarding the dormant Commerce Clause. The question analyzes a "Green Energy Act" passed by State A that: 1) Requires 50% of electricity sold by utilities to come from renewable sources produced in-state; 2) Prohibits new coal plants unless for urgent in-state needs; and 3) Requires state agencies to buy from in-state "green" vendors. Students are asked to identify which, if any, provisions unconstitutionally burden interstate commerce.

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262 views1 page

Ungraded Writing Assignment #3

This document provides a hypothetical constitutional law exam question regarding the dormant Commerce Clause. The question analyzes a "Green Energy Act" passed by State A that: 1) Requires 50% of electricity sold by utilities to come from renewable sources produced in-state; 2) Prohibits new coal plants unless for urgent in-state needs; and 3) Requires state agencies to buy from in-state "green" vendors. Students are asked to identify which, if any, provisions unconstitutionally burden interstate commerce.

Uploaded by

Danielle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CONSTITUTIONAL LAW – FALL 2019

PROF. JACOBSON
UNGRADED WRITING ASSIGNMENT #3 – DORMANT COMMERCE CLAUSE

Please write an essay response to the following question. You should base your response on the
cases you have read in class. You may not do outside research to help you answer this
question. You should use IRAC/CRAC/CIRAC to write your essay.

QUESTION:

State A, a leader in wind energy, recently enacted the "Green Energy Act" ("the Act").

Section 1 of the Act requires that 50% of the electricity sold by utilities in the state come from
"environmentally friendly energy sources." Wind energy, which is produced in State A, is
classified by the Act as an "environmentally friendly energy source." Natural gas, which is not
produced in State A, is not classified by the Act as environmentally friendly. The preamble of
the Act contains express findings that the burning of natural gas releases significant quantities
of greenhouse gases into the atmosphere and requires the diversion of scarce water resources
for use ingas-burning thermoelectric plants.

Section 2 of the Act prohibits the Public Service Commission of State A from approving any
new coal-burning power plants in the state, unless it finds that "the construction of the plant is
necessary to meet urgent energy needs of this state." A public utility in neighboring State B has
applied for a permit to build a coal-burning power plant on property it owns across the border
in State A. The Commission has denied the utility's application based on its finding that there
is no evidence of any urgent energy needs in State A. The State B utility presented undisputed
evidence of severe energy shortages in State B, but the Commission rejected this evidence as
irrelevant to the statutory exception.

Section 3 of the Act requires State A, whenever possible, to buy goods and services only from
"environmentally friendly vendors located within the state." To qualify as an "environmentally
friendly vendor," a firm must meet specified standards concerning energy efficiency, chemical
use, and use of recycled materials. A vendor located outside of State A meets all the standards to
qualify as an environmentally friendly vendor. The vendor has sought to sell goods and services
to State A. The relevant State A agencies have refused to purchase from this vendor, pointing
out that the Act requires them to purchase, if possible, only from "environmentally friendly
vendors located within the state," of which there are several.

There is no federal statute or regulation relevant to this problem.

Which provisions, if any, of the Green Energy Act unconstitutionally burden or discriminate
against interstate commerce? Explain.

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