BISMARCK — An appellate panel has upheld a $1.3 million award for the state of North Dakota that helps close a seven-year legal battle between the state and Minnesota relating to restrictions on rural electric utilities and energy companies serving the Upper Midwest.
The legal skirmish between the states began in 2011 when Minnesota was sued over restrictions placed by Minnesota's Next Generation Energy Act (NGEA). According to the lawsuit, Minnesota's law allegedly violated the U.S. Commerce Clause because it restricts transmission of electricity generated in North Dakota and used by consumers in Minnesota unless the state's carbon dioxide emission requirements are met.
North Dakota argues the law restricted its state's utilities from selling power into the Midcontinent Independent System Operator (MISO) market.
“North Dakota maintained from the beginning that the Minnesota enactment attempting to prohibit importation into Minnesota of energy generated in North Dakota was a violation of the U.S. Constitution and federal law," North Dakota Attorney General Wayne Stenehjem said in a statement.
"Our arguments have prevailed every step of the way. I hope that Minnesota will finally pay the bill for the expense they caused us to incur, and end the matter."