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North Dakota officials caution Minnesota regulators that carbon-free mandates may be unconstitutional


North Dakota officials have significant concerns over Minnesota’s renewable energy standard, which mandates that all electricity come from carbon-free sources by 2040. The North Dakota Industrial Commission, led by Governor Doug Burgum, sent a letter to the Minnesota Public Utilities Commission expressing worries about the Clean Energy Law signed by Governor Tim Walz. The letter argues that Minnesota is overstepping by attempting to regulate energy production in North Dakota.

The letter mainly requests that carbon capture and sequestration technology be included in the definition of “carbon-free,” but also hints at the possibility of legal action against Minnesota. This is not the first time the two states have battled over renewable energy standards, as North Dakota previously sued Minnesota over a similar law in 2011, which was eventually struck down after a lengthy legal battle.

Minnesota’s new 2040 standards are expected to have a wide impact beyond just the two states, potentially influencing how other states approach similar regulations. The Minnesota Rural Electric Association is closely monitoring the situation, as many cooperatives rely on power generated in North Dakota. CEO Darrick Moe emphasized the importance of being able to move resources between state boundaries to ensure the reliability and affordability of the power system.

With the potential for legal challenges looming, it remains to be seen how the dispute between North Dakota and Minnesota over renewable energy standards will ultimately play out and how it may impact energy regulation on a broader scale.

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