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A federal judge on Friday struck down a portion of Minnesota’s Next Generation Energy Act, according to a report from Minnesota Public Radio.

Officials in North Dakota had challenged a provision of the law that required carbon emissions to be offset for new coal-fired electricity imported into the state. U.S. District Judge Susan Richard Nelson sided with North Dakota, saying the law violated the Commerce Clause of the U.S. Constitution.

In a news release, Minnesota Gov. Mark Dayton said the state will appeal the decision.

“I will defend the State of Minnesota’s right to protect the quality of the air our citizens breathe.  The State Statute does not prevent anyone from building and operating a new power-generating facility, whose toxic emissions will affect Minnesota’s air quality. It only requires that those new emissions must be offset by the same or greater reduction in emissions from other plants. In other words, Minnesota’s law encourages the replacement of older, more-polluting power plants with more efficient, cleaner facilities.”

Read the full story from MPR here.

Read additional coverage from the Minneapolis Star Tribune here.

Read the judge’s ruling here.

Ken Paulman

Ken is the director of the Energy News Network at Fresh Energy and is a founding editor of both Midwest Energy News and Southeast Energy News. Prior to joining Fresh Energy, he was the managing editor for online news at Minnesota Public Radio. He started his journalism career in 2002 as a copy editor for the Duluth News Tribune before spending five years at the Spokesman-Review in Spokane, Washington, where he worked as a copy editor, online producer, features editor and night city editor. A Nebraska native, Ken has a bachelor's degree from the University of Nebraska-Lincoln and a master's degree from the University of Oregon. He is a member of the Society of Professional Journalists and Investigative Reporters and Editors.

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