Foes of Virginia coal plant say law for it violates interstate commerce by mandating Virginia coal

Opponents of a proposed Dominion Power plant in the southwest Virginia mountains contend that a state law allowing the plant "is unconstitutional because it requires burning of Virginia coal," reports Keith Strange of The Coalfield Progress in Norton, near the Virginia City plant site.

The Southern Environmental Law Center "filed a 60-page brief with the State Corporation Commission, alleging the legislation’s Virginia-only coal provision violates the U.S. constitution’s interstate-commerce clause," Strange reports. "They filed the brief on behalf of Appalachian Voices, Chesapeake Climate Action Network, the Sierra Club and Southern Appalachian Mountain Stewards." SELC staff attorney Cale Jaffe said the U.S. Supreme Court struck down a similar measure in Oklahoma, which required all coal-fired plants in that state to burn at least 10 percent Oklahoma-mined coal. (Read more; subscription required)