U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1. Did the Tenth Circuit err in concluding that the federal Constitution’s bar against extraterritorial State legislative or regulatory acts involving interstate commerce is limited to price-affirmation and price-control statutes?

2. May Colorado prohibit the introduction within her territory of electricity of wholesome quality acquired in other states, regardless of price or means of manufacture?

Case Updates

Cert. petition denied

December 07, 2015

U.S. Chamber files amicus brief in support of cert.

November 12, 2015

In its brief, the U.S. Chamber urged the U.S. Supreme Court to grant a petition for writ of certiorari in a case concerning Colorado’s renewable portfolio standard (“RPS”), which imposed quotas on Colorado’s retail utilities.

The brief argues that the decision cannot be reconciled with the constitutional prohibition on extraterritorial state laws and that Colorado’s law has the effect of regulating commerce outside of the state’s borders. It also argues that the regulatory scheme improperly permits discrimination against, and places disproportionate burdens on, out-of-state retail utilities.

This brief was filed jointly with the American Fuel & Petrochemical Manufacturers Association.

Jason A. Levine, John P. Elwood, and Gregory F. Miller of Vinson & Elkins LLP served as co-counsel for the amici with the U.S. Chamber Litigation Center.

Case Documents