State of North Dakota v. Beverly Heydinger

I respectfully disagree with Judge Lo-ken’s extraterritoriality analysis. The challenged provisions in the Next Generation Energy Act would regulate entities outside Minnesota only if those entities “import” electric power into Minnesota or enter into power purchase agreements that result in power being imported into Minnesota. These provisions would not regulate commerce “that takes place wholly outside of [Minnesota’s] borders.” For these reasons I disagree with Judge Loken’s conclusion that the provisions have an unconstitutional extraterritorial effect. See Healy v. Beer Inst., 491 U.S.…