States’ authority to enact clean energy policy was significantly bolstered last week in an important federal district court decision. The U.S. District Court for the Northern District of Illinois dismissed a challenge from fossil fuel companies that objected to an Illinois program to support nuclear generation because it hurt their bottom line. The case is important far beyond the nuclear context because it demonstrates that states have many strong tools to dictate their energy mix (including advancing renewable energy) without violating the Constitution or federal energy laws.
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