ATP victory: Judge blocks Cali. ‘green’ fuel reg on constitutional grounds

A federal judge Thursday blocked enforcement of a California regulation intended to rig the market in favor of ‘green’ fuels, citing constitutional grounds argued by American Tradition Partnership in its own lawsuit against a similarly-constructed Colorado law.

“The ruling by the judge, Lawrence J. O’Neill of United States District Court in Fresno, said the rule unconstitutionally discriminates against out-of-state producers and tries to regulate activities that take place entirely outside state boundaries, from producers’ choice of farming methods to refiners’ use of coal-fired electricity,” The New York Times reports.

ATP has filed suit against the state of Colorado seeking to toss out an Expensive Energy Mandate forcing consumers to buy a certain percentage of their electricity from more expensive, often failing, “green” corporations.  As Judge O’Neill ruled in the California case, ATP argues the Colorado law unconstitutionally discriminates against out of state competitors and improperly interferes with interstate commerce.

“This is a big win for ATP,” said ATP Executive Director Donald Ferguson.  “The reason we win time and time against is because the law and the Constitution are on our side.  Judge O’Neill’s ruling mirrors ATP’s arguments and we are confident our case in Colorado will be ruled upon similarly.”