I was rather intrigued and quite delighted to read about Minnesota introducing the world’s first Carbon tariff.
The target of this (much maligned, if I might add) tariff is North Dakota, which exports electricity produced primarily through the use of coal power plants. This is in stark contrast with Minnesota, which is ranked 4th in the nation for sustainable and non-polluting wind power generation.
The irony of this, of course, is that the world had always expected such a tariff to be imposed by one of the developed nations on the developing world, particularly China.
However, whether or not Minnesota can succeed in imposing such a tariff remains to be seen. One particularly significant hurdle is Article I Section 10 of the U.S. Constitution — the commerce clause — that specifically forbids states from imposing tariffs on interstate commerce:
“No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
While there are several arguments regarding the interpretation of the Commerce Clause, it is quite likely that this argument would entirely be at the mercy of the Supreme Court. After all, the Federal government has time and again demonstrated that what constitutes “interstate commerce” could be something completely arbitrary to suit an agenda.
However, what is more likely to work (in my opinion) is the argument of public good (in the Adam Smith sense of the term). In that context, it is the prerogative of Minnesota to tariff, tax, or otherwise hinder what it considers harmful to the inhabitants of the state. Also, the Commerce Clause specifically applies to states regulating commerce through the use of taxes and tariffs on interstate commerce — however, pollution is hindering the public good (air, water, health) and Minnesota is not just taxing those from other states, but also those from within Minnesota.
After all, if I pollute a river whose water is consumed downstream, the folks downstream are well within their rights to tariff all providers of water who do not conform to a standard of purity. It’s unfortunate if the majority of those live upstream — but that in no way means that the polluters downstream do not have to pay a price. They are taxed/tariff-ed just the same.
Secondly, the fact Minnesota has been pushing for wind power over time (as evidenced by the great animation below) is a point further in their favor –

It could be argued that they are moving towards a source that is less polluting and more sustainable in the interest of public good. Of course, the reverse could also be argued in that they are exploiting that which they’re abundant in. However, that’s a facetious argument simply because there are other states better positioned to use their natural resources (e.g. solar energy) that don’t (e.g. Texas).
No matter which way this goes, it is bound to be an interesting debate — and one in the right direction.
After all, as an adherent of Keynesianism, I am of the firm belief that inefficiencies in the market are endemic to private enterprises, and a “correction” mechanism in the form of public intervention is often necessary (as little as possible, however). I will also add that public good is one such inefficiency that’s often ignored by the private sector, and it falls within the purview of governments to ensure that the interests of the people and the environment are maintained over the interests of the greenback.
Go Vikings!