North Dakota officials sent a letter on Wednesday to Minnesota regulators, warning that Minnesota’s recent carbon-free energy standard might be unconstitutional. The 2023 policy requires utility providers to use only carbon-free electricity by 2040, affecting both in-state and imported electricity.
The North Dakota Industrial Commission, consisting of Gov. Doug Burgum, Attorney General Drew Wrigley, and Agriculture Commissioner Doug Goehring, fears this could jeopardize North Dakota’s coal and gas industries. They argue the policy violates the federal Commerce Clause by regulating another state’s commercial activity, conflicts with the Federal Power Act by restricting wholesale electricity sales, and illegally attempts to regulate carbon dioxide emissions, a power granted to the EPA under the Clean Air Act.
North Dakota reserves the right to challenge the policy legally. The letter also urges Minnesota to consider electricity produced using carbon capture technology as compliant with the new rules to allow North Dakota energy companies to retain Minnesota customers.
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