Nevada Climate Change Advisory Committee

Well, well; here's something interesting from Governor Gibbon's Nevada Climate Change Advisory Committee Draft Final Report (May 20, 2008):

page 32 (italics mine)

“The Dormant Commerce Clause, as outlined by the Supreme Court of the United States, states that any law that a state passes that discriminates against out of state parties is unconstitutional. This law arises from the fact that Article 1 Section 8 of the Constitution granted exclusive power over the regulation of interstate commerce to the federal government. A law that is facially discriminatory is presumed to be unconstitutional. In order to overcome this presumption, the state must show that the law is necessary to serve a compelling state objective.

Thus, part of the UEPA statute that is discriminatory against out of state interests would have to be necessary to further a compelling state objective.

Recommendation:

The Governors Climate Change Committee recommends that the State of Nevada amend the UEPA statute, specifically 704.890(b) to require that any utility facility built in Nevada pursuant to NRS 704.820 which emits greenhouse gases or consumes water resources be needed to ensure reliable utility service to customers in this State.

... This law would be necessary to further the compelling state objectives of reducing the greenhouse gases and other harmful pollutants emitted in the state ...”

It seems this committee might be more than just a rubber stamp for the coal industry after all. If I read this correctly, they're recommending that only power generation for in of state use should be allowed to emit greenhouse gases or use our precious water resources.

That could mean coal-fired power plants like the proposed LS (Dynegy) plant would someday be illegal here. Of course, don't be surprised that if this gets enacted, it will be after the approval of the LS (Dynegy) coal-fired power plant.