ELR Citation: 53 ELR 20035
No(s). 20-12521 (E.D. Mich. Feb 24, 2023) (Lawson, J.)

A district court dismissed a challenge to the Michigan Public Service Commission's 2017 and 2018 orders requiring electricity suppliers to buy energy from local sources. Industry groups argued the local clearing requirement violated the dormant Commerce Clause. The court concluded the requirement did not discriminate against out-of-state suppliers because it burdened in-state and out-of-state suppliers equally; that the burdens it produced were not clearly excessive compared to the benefits; that the groups failed to demonstrate the state lacked a legitimate local interest in grid reliability; and that the requirement advanced a legitimate local purpose—to equitably ensure grid reliability in Michigan—that could not be adequately served by reasonable nondiscriminatory alternatives. It dismissed the suit.