Abstract
The shift to a greater blend of domestically harvested, local, decentralized renewable power is characterized not just as a climate change necessity, but also as the dawn of a clean energy economy. Concerned about losing the potential benefits of this sea change in energy sourcing and supply, many states have built protections for local resource types into their state renewable portfolio standards. But, what are the implications for interstate commerce when a state sets up energy markets or regulatory regimes that serve to afford differential treatment to out-of-state resources? The paper looks at the Dormant Commerce Clause through the lens of the Massachusetts' RPS as amended by the Green Communities Act of 2008, and asks whether a system that provides Renewable Energy Credits with an eye towards an energy supplier's geographic origin can past constitutional muster.
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