Earth Island Institute v. Union Electric Co.

Summary

The Missouri Supreme Court held that Proposition C, a voter-adopted renewable energy initiative, conflicted with and impliedly repealed a legislative exemption from solar energy requirements. The legislature could enact related legislation while an initiative was pending, but it could not preemptively negate an initiative after its approval for circulation and before voters adopted it. The court reversed the Public Service Commission’s contrary determination.

Holdings

1. The legislature retained authority to enact legislation concerning an area subject to a pending initiative, provided that the legislation did not preemptively negate the initiative's effect if the people later adopted it.
2. Section 393.1050 could not be harmonized with Proposition C because Proposition C imposed solar requirements on all electric utilities while section 393.1050 exempted qualifying utilities from those requirements.
3. Proposition C impliedly repealed section 393.1050 upon its adoption on November 4, 2008, to the extent of the conflict between the two measures.

Questions Presented

1. Whether the legislature had authority to enact section 393.1050 after Proposition C had been approved for circulation but before voters adopted the initiative.
2. Whether section 393.1050 and Proposition C could be harmonized, or whether Proposition C impliedly repealed section 393.1050 to the extent of any conflict.
3. Whether section 393.1050 was an unconstitutional special law under article III, section 40 of the Missouri Constitution.

Disposition

reversed