On Tuesday, The Buckeye Institute filed an amicus brief in Alabama v. California, urging the U.S. Supreme Court to prevent California and four other states from using the courts to impose their energy policies on independent and sovereign states.
"California and four other states are abusing our legal system in an attempt to impose their energy policies on the rest of the country," said David C. Tryon, director of litigation at The Buckeye Institute. "Their actions violate the American principle of federalism and are a transparent attempt at national regulation through litigation."
The brief argues that California, Connecticut, Minnesota, New Jersey, and Rhode Island are misusing state tort and consumer laws to enforce their energy policies on other states. This approach is seen as a violation of federalism principles and poses a threat to other states' abilities to meet their residents' energy needs. The complaint was initiated by Alabama, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.
Cary Silverman from Shook Hardy & Bacon's Washington D.C. office is serving as counsel of record for The Buckeye Institute on this brief.