Alliance for Clean Coal v. Bayh case brief

Alliance for Clean Coal v. Bayh case brief summary
72 F.3d 556 (7th Cir. 1995)

CASE SYNOPSIS: Defendants, governor and state utility regulatory commission, sought review of the order from the United States District Court for the Southern District of Indiana, which granted a summary judgment in favor of plaintiff trade association in a suit challenging the Indiana Environmental Compliance Plans Act, Ind. Code §§ 8-1-27- 6(b)(6), 8-1-27-8(1)(D), 8-1-27-20).

CASE FACTS: Plaintiff trade association filed suit against defendants, governor and state utility regulatory commission, challenging portions of the Indiana Environmental Compliance Plans Act (ECPA), Ind. Code §§ 8-1-27- 6(b)(6), 8-1-27-8(1)(D), 8-1-27-20). The district court granted a summary judgment in favor of trade association.

DISCUSSION

On appeal, the court affirmed the order granting a summary judgment in favor of trade association and held that the ECPA violated the commerce clause because it discriminated against interstate commerce. The court found that the ECPA discriminated against interstate commerce based solely upon geographic origin, and that the clear intent of the statute was to benefit the state's coal industry. The court determined that governor and state utility regulatory commission had not discharged their burden of demonstrating that the statute served a legitimate and compelling interest unrelated to economic protectionism.

CONCLUSION: The court affirmed the order granting a summary judgment in favor of plaintiff trade association in a suit challenging the validity of a state environmental plan. The court held that the environmental plan of defendants, governor and state utility regulatory commission, violated the commerce clause because it discriminated against interstate commerce.