North Dakota v. Heydinger

288 F.R.D. 423, 84 Fed. R. Serv. 3d 624, 2012 WL 6741048, 2012 U.S. Dist. LEXIS 183903
CourtDistrict Court, D. Minnesota
DecidedDecember 21, 2012
DocketCivil No. 11-CV-3232 (SRN/SER)
StatusPublished
Cited by3 cases

This text of 288 F.R.D. 423 (North Dakota v. Heydinger) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Dakota v. Heydinger, 288 F.R.D. 423, 84 Fed. R. Serv. 3d 624, 2012 WL 6741048, 2012 U.S. Dist. LEXIS 183903 (mnd 2012).

Opinion

ORDER

STEVEN E. RAU, United States Magistrate Judge.

This ease is before the Court on the Motion for Permissive Intervention of Minnesota Center for Environmental Advocacy, Environmental Law & Policy Center, Environmental Defense Fund, Sierra Club, Natural Resources Defense Council, Fresh Energy, and Izaak Walton League of America. [Doc. No. 33]. This matter has been referred to the undersigned for resolution of pretrial matters pursuant to 28 U.S.C. § 636 and District of Minnesota Local Rule 72.1. For the reasons set forth below, the Motion is denied.

I. BACKGROUND

A. Minnesota’s Next Generation Energy Act

The Minnesota legislature passed the Next Generation Energy Act (“NGEA”) in 2007, establishing energy and environmental standards related to carbon dioxide emissions. 2007 Minn. Laws Ch. 136, art. 5, § 3. In part, the NGEA seeks to limit increases in “statewide power sector carbon dioxide emissions.” Minn.Stat. § 216H.03, subd. 3. The statute provides that “[ujnless preempted by federal law” or “until a comprehensive and enforceable state law or rule pertaining to greenhouse gases that directly limits and substantially reduces, over time, statewide power sector carbon dioxide emissions is enacted and in effect,” no person shall:

(1) construct within the state a new large energy facility that would contribute to statewide power sector carbon dioxide emissions;
(2) import or commit to import from outside the state power from a new large energy facility that would contribute to statewide power sector carbon dioxide emissions; or
(3) enter into a new long-term power purchase agreement that would increase statewide power sector carbon dioxide emissions. For purposes of this section, a long-term power purchase agreement means an agreement to purchase 50 megawatts of capacity or more for a term exceeding five years.

Id. “Statewide power sector carbon dioxide emissions” are defined as “the total annual emissions of carbon dioxide from the generation of electricity within the state and all emissions of carbon dioxide from the generation of electricity imported from outside the state and consumed in Minnesota.” Id. subd. 2. A “new large energy facility” is defined as “any electric power generating plant or combination of plants at a single site with a combined capacity of 50,000 kilowatts or more and transmission lines directly associated with the plant that are necessary to interconnect the plant to the transmission system.” Minn.Stat. § 216B.2421, subd. 2(1).1

The prohibitions contained in Minn.Stat. § 216H.03, subd. 3 have some exemptions. Specifically, the bans in subdivision 3 do not apply “if the project proponent demonstrates to the Public Utilities Commission’s satisfaction that it will offset the new contribution to statewide power sector carbon dioxide emissions with a carbon dioxide reduction project.” Id. subd. 4. The carbon dioxide reduction project must:

offset in an amount equal to or greater than the proposed new contribution to [426]*426statewide power sector carbon dioxide emissions in either, or a combination of both, of the following ways:
(1) by reducing an existing facility’s contribution to statewide power sector carbon dioxide emissions; or
(2) by purchasing carbon dioxide allowances from a state or group of states that has a carbon dioxide cap and trade system in place that produces verifiable emissions reductions.

Id. subd. 4(b). The Minnesota Public Utilities Commission (“MPUC”) must ensure that proposed carbon dioxide reduction projects are “permanent, quantifiable, verifiable, enforceable, and would not have otherwise occurred.” Id. subd. 4(c). If the MPUC or the Minnesota Department of Commerce (“MDOC”) “determines that any person is violating or about to violate this section, [either] may refer the matter to the attorney general who shall take appropriate legal action.” Id. subd. 8.

B. Procedural Background

On November 2, 2011, Plaintiffs filed a complaint against Minnesota’s Attorney General Lori Swanson, five commissioners of the MPUC, and one Commissioner from the MDOC (collectively, “Defendants”).2 (Compl.) [Doc. No. 1], Plaintiffs filed an amended complaint one month later. (Am. Compl.) [Doc. No. 9]. In Count I, Plaintiffs assert that Minn.Stat. § 216H.03, subd. 3(2)—(3) violates the Commerce Clause of the United States Constitution. (Id. ¶¶ 85-98). In Counts II and III, Plaintiffs claim that Minn.Stat. § 216H.03, subd. 3(2) — (3) violates the Supremacy Clause of the United States Constitution because the statute is preempted by the Clean Air Act, 42 U.S.C. § 7410 et seq. (“CAA”) and the Federal Power Act, 16 U.S.C. § 791a et seq. (“FPA”). (Id. ¶¶ 99-118). In Count IV, Plaintiffs allege that Minn.Stat. § 216H.03, subdivision 3(2) — (3) violates the Privileges and Immunities Clause of the United States Constitution. (Id. ¶¶ 119-27). In Count V, Plaintiffs seek a declaratory judgment that the FPA preempts Minn.Stat. § 216H.03, subd. 3(2)— (3). (Id. ¶¶ 128-33). In Count VI, Plaintiffs allege that Minn.Stat. § 216H.03, subd. 3(2)— (3) violate the Due Process Clause of the Fourteenth Amendment of the United States Constitution. (Id. ¶¶ 134-43). Plaintiffs requested declaratory relief finding Minn.Stat. § 216H.03, subd. 3(2) — (3) unconstitutional and injunctive relief enjoining the enforcement of Minn.Stat. § 216H.03, subd. 3. (Id. at 39 — 40). Plaintiffs also requested an award of costs and expenses incurred in the litigation, including reasonable attorneys’ fees pursuant to 42 U.S.C. § 1988(b). (Id. at 40).

On December 7, 2011, Defendants filed an Answer to the Amended Complaint and a Motion for Judgment on the Pleadings on Counts II through VT of the Amended Complaint.3 (Defs.’ Answer to Am. Compl.) [Doc. No. 10]; (Defs.’ Mot. for Partial J. on the Pleadings) [Doc. No. 11]. Defendants also moved to dismiss the Minnesota Attorney General Lori Swanson as a party to this action. (Defs.’ Mot. for Partial J. on the Pleadings at 28-30) Following supplemental briefing, Judge Susan Richard Nelson denied Defendants’ Motion as to Counts II, III, and V; granted it as to Counts IV and VI; and granted it as to the dismissal of Minnesota’s Attorney General. (Sept. 30, 2012 Mem. Op. and Order) [Doc. No. 32].

On November 26, 2012, Minnesota Center for Environmental Advocacy, Environmental Law & Policy Center, Environmental Defense Fund, Sierra Club, Natural Resources Defense Council, Fresh Energy, and Izaak Walton League of America (collectively, [427]*427“Movants”) jointly moved for permissive intervention into this action. (Mot.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pavek v. Simon
D. Minnesota, 2020
Franconia Minerals (US) LLC v. United States
319 F.R.D. 261 (D. Minnesota, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
288 F.R.D. 423, 84 Fed. R. Serv. 3d 624, 2012 WL 6741048, 2012 U.S. Dist. LEXIS 183903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-dakota-v-heydinger-mnd-2012.