State AG admits renewable energy law unconstitutional, suggests increase in utility bills to fix it
American Tradition Partnership supporters calling Capitol to urge ‘NO’ vote

DENVER – Colorado’s largest grassroots advocate of rational energy policies scored a major win when Colorado Attorney General John Suthers admitted to a legislative committee the state’s Renewable Energy Standard unconstitutionally interferes in interstate commerce, but rather than repeal the law Colorado state senators may vote next week on a bill that imposes higher utility prices on in-state residents.

The bill has American Tradition Partnership supporters calling the Capitol en masse Friday.  ATP began calling thousands of supporters statewide, asking them to contact their state senators and urge a no vote on SB 178.

“Even if they don’t have time to call today, they know their state senator cast a vote on whether or not to hike their utility bills.  And they will remember whether their state senator voted with them, or with crony ‘green’ corporations,” aid ATP Executive Director Donald Ferguson.

“Colorado state senators are trying to patch an unconstitutional law by jacking up utility rates to avoid paying legal fees,” said Ferguson.  “That won’t change the fact we win in court, and it makes a bad law even worse.  Any senator who votes for SB 178 will bear the brunt of anger from enraged ratepayers.  The only constitutional choice is to vote no on SB 178 and then repeal the Renewable Energy Standard.”

Colorado Attorney General John Suthers admitted to a legislative committee the state’s Renewable Energy Standard unconstitutionally interferes in interstate commerce by providing certain breaks for in-state energy generators and different breaks for out-of-state generators.

By dictating the businesses practices of out-of-state businesses, Suthers admits the Renewable Energy Standard unconstitutionally interferes with interstate commerce, rendering the law null and void.

But rather than repeal the unconstitutional law, Colorado state senators are looking to eliminate the in-state preference for renewable generators instead of extending it to out-of-state generators. This effectively increases the RES from 24 percent to 30 percent.

The increase in the quota would send Coloradan’s utility bills upwards between $50 and $100 million.

By increasing Coloradan’s utility bills by $50 to $100 million, Suthers seeks to avoid being ordered to pay ATI and ATP’s legal bills, which amount to less than $200,000.

“They’ve already admitted we were right when we pointed out the RES is unconstitutional.  It’s only a matter of time before they also admit we are right when we point to scientific research showing so-called “green” energy actually makes the air dirtier,” said Ferguson.