American Tradition Institute v. Colorado

ORDER RESOLVING MOTIONS TO DISMISS

WILLIAM J. MARTÍNEZ, District Judge.

This action challenges the constitutionality of Colorado’s Renewable Energy Standard statute (the “RES”), Colorado Revised Statute § 40-2-124. Specifically, Plaintiffs seek a declaration that particular provisions of the RES and their implementing regulations violate the Commerce Clause of the United States Constitution, injunctive relief preventing enforcement of those provisions, and damages under 42 U.S.C. § 1983.

This matter is before the Court on Defendants’ Motion to Dismiss (ECF No. 28) and Intervenor-Defendants’…