North Dakota plans to sue Minnesota over its clean energy goals. What comes next?

A Minnesota community solar project. Credit: Clean Energy Resource Teams / Creative Commons

Contributed by Amanda Winstead

Minnesota has been at the forefront of the clean energy movement, setting lofty goals and working to realize them against all odds. As of 2023,  55% of Minnesota’s energy comes from sources with net zero carbon emissions, which is part of an initiative to reach 80% by 2030, 90% by 2035, and 100% by 2040.

This is just one instance of Minnesota’s efforts to reduce the state’s carbon footprint — and they’re not set to slow down any time soon. However, they may hit a road bump called North Dakota. While these goals have received praise from environmental advocates, they have raised concerns in neighboring North Dakota, which relies heavily on fossil fuel production for its economy.


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Recent Minnesota clean energy legislation

Along with 20 other states, Minnesota has committed to 100% clean energy by 2040. Governor Tim Walz signed the bill on February 7, 2023, that puts the clean electricity initiative into effect. This comes about after the state is already dedicated to community solar projects and federal clean energy fundraising.

The recent bill aims to reduce carbon emissions and will, in conjunction with the aforementioned initiatives, create jobs in the clean energy sector. However, entirely sourcing from clean energy means zero business for neighboring states currently supplying Minnesota with traditional energy. This is where North Dakota comes in.

How North Dakota is involved

In response to this new bill, North Dakota has threatened to sue Minnesota over its clean energy initiatives. North Dakota is a state known for its vast reserves of coal, oil, and natural gas and has a significant stake in the energy industry. With the new clean energy goals in the neighboring state of Minnesota, North Dakota sees a potential threat to its energy revenue. The prevailing fear is that, as Minnesota transitions away from fossil fuels and invests more in renewable energy sources, the demand for fossil fuels will decrease, directly impacting North Dakota’s economy and workforce.

Repercussions of losing energy revenue

The potential loss of energy revenue is a significant concern for North Dakota. The state relies heavily on the extraction and sale of fossil fuels, and a decline in demand from bordering states could result in economic hardship. This could lead to job losses in the energy sector, reduced tax revenue for the state, and a ripple effect on the overall economy. In response to these concerns, North Dakota is exploring legal avenues to protect its energy interests.

Plans to sue

The state’s government is actively evaluating whether it can file a lawsuit against Minnesota, arguing that the new clean energy goals could be in violation of interstate commerce laws and infringe upon North Dakota’s economic sovereignty. This potential legal battle has the potential to escalate tensions between the two neighboring states.

wind turbines and electric transmission lines located on a farm
Wind turbines and electric transmission lines located on farmland near Lake Benton, Minnesota

Are Minnesota’s clean energy efforts unconstitutional?

The central question in this potential lawsuit is whether or not Minnesota’s clean energy goals go against constitutional law. To make their case, North Dakota’s representatives would likely argue that the legislation unfairly discriminates against its energy products and interferes with the free flow of goods and services across state borders.

Minnesota’s representatives, on the other hand, are likely to defend clean energy goals as a legitimate exercise of state sovereignty and a necessary response to the climate crisis. The outcome of this legal battle will have far-reaching implications for both states and could set a precedent for similar disputes across the country, considering the involvement of almost half of the states in the new clean energy initiative.

Managing energy supply chain expectations

This dispute between North Dakota and Minnesota underscores the complex interdependence of states when dealing with modern sources of energy. States are increasingly setting their own clean energy goals, which can have unintended consequences for their neighbors. At the federal level, The White House and the U.S. Department of Energy have recently emphasized supply chain management in the energy sector can help to usher a smooth transition to cleaner energy sources while minimizing economic hardship in regions heavily reliant on fossil fuels.

Finding common ground and implementing cooperative measures between states will be essential to minimize conflicts and facilitate energy transition. While still positively impacting the fight against climate change, effective supply chain management could offer resilience against industry disruption and enhanced workforce stability. The following are some of the changing needs that will require robust and secure energy supply chains.

Increased need for electric vehicle chargers

As electric vehicles (EVs) become more affordable and accessible to the public, there will be an uptick in the number of these vehicles on the roads. While EVs reduce the carbon footprint of automobiles, they still rely on electricity via charging stations. Consumers also typically prefer faster EV charging stations which require a high electricity output.

According to the National Renewable Energy Laboratory, the need for faster EV charging infrastructure will grow substantially in the coming years. In fact, an agreement between Minnesota and the federal government is already set to increase the number of charging stations available to citizens.

“Right here in Minnesota, when you’re driving across I-94 or taking I-35 through the Twin Cities, charging stations will be easy to find — as easy as it is to find a gas station today,” said President Biden in an April visit to Fridley, Minnesota according to MinnPost.

Energy storage

Being able to store clean energy offers Minnesota the opportunity to stockpile renewable energy efficiently while still maintaining a balance with North Dakota’s traditional energy sector. By harnessing energy from sources like wind and solar during periods of excess generation, Minnesota can store surplus electricity in battery systems. This stored energy can then be deployed when demand peaks, ensuring a reliable and stable power supply for the state.

Looking forward

In the face of potential legal battles and economic conflicts, it remains to be seen if North Dakota and Minnesota will find common ground. Collaborative efforts in the energy sector, such as shared investment in clean energy projects or coordinated infrastructure development, could help bridge the gap between their differing energy goals and enhance the reputation of both states. On the other hand, the two neighbors could end up locked in a charged legal battle over the future of energy supply. Only time will tell.  

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