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Neil Gorsuch on Energy & Oil |
In an opinion by Justice Neil Gorsuch, a majority of the Supreme Court reversed the court of appeals and held that a refiner that has allowed its prior exemption to lapse can apply for & receive an "extension" of its exemption. "It is entirely natural--and consistent with ordinary usage--to seek an 'extension' of time even after some lapse," Gorsuch wrote. "Think of the forgetful student who asks for an 'extension' of a term paper after the deadline has passed, the tenant who does the same after overstaying his lease, or parties who negotiate an extension of a contract after its expiration."
The judges said Colorado's mandate, known as the Renewable Portfolio Standard, would not harm interstate commerce. EELI alleged that Colorado's standard was unconstitutional because it discriminated against other energy resources that are "less costly, less polluting, safer and more reliable" both inside and outside the state.
The three-judge panel disagreed. Colorado's renewable energy requirement "isn't a price-control statute, it doesn't link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters," Judge Neil Gorsuch wrote.