Illinois’ Clean Energy Fund Saved in Court

[] The 7th Circuit US Court of Appeals Ruling on Dec. 22, 2004 sides in favor of the Illinois Clean Energy Community Foundation in its litigation with the State of Illinois, according to the Clean Energy States Alliance. The decision affirms the prior federal District Court ruling that the State of Illinois may not seize USD$125 million of the Illinois Clean Energy Community Foundation’s endowment to help with the State’s budget shortfall because that endowment is private property protected by the Takings clause of the US Constitution. This isn’t the first time a state government has eyed their own state renewable energy funds to help alleviate budget shortfalls. The state of Massachusetts tapped into their own renewable energy over a year ago, but still left a considerable amount to allow the fund to continue helping spur new projects.
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