142156P.pdf   06/15/2016  State of North Dakota  v.  Beverly Heydinger
   U.S. Court of Appeals Case No:  14-2156
                          and No:  14-2251
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Loken, Author, with Murphy and Colloton, Circuit Judges] 
   Civil case - Constitutional law. In action by out-of-state utilities to 
   declare unconstitutional Sections 216H.03, subd. 3(2)and (3) of the 
   Minnesota Next Generation Energy Act which ban importation of power that 
   would increase statewide power sector carbon dioxide emissions, the 
   district court did not err in finding the utilities had standing to pursue 
   the action and that the matter was ripe for review; nor did the court err 
   in declining to abstain under the Pullman doctrine; the district court did 
   not err in determining that the challenged prohibitions have the practical 
   effect of controlling conduct beyond the boundaries of Minnesota; the law 
   therefore has extraterritorial reach and will prevent utilities from 
   adding capacity from prohibited sources anywhere on the grid, absent 
   Minnesota regulatory approval or a dismantling of the federally encouraged 
   and approved power network transmission system; Minnesota may not do this 
   without approval of Congress, and the district court did not err in 
   enjoining enforcement of the sections; plaintiffs' cross-appeal was mooted 
   by the district court's entry of an order regarding attorney fees while 
   the matter was pending on appeal. Judge Murphy, concurring in part and 
   concurring in the judgment.