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10th Circ. Revives New Mexico Solar Fee Dispute
Law360 (June 28, 2021, 8:00 PM EDT) The Tenth Circuit on Monday revived a suit brought by rooftop solar owners and others that argue a New Mexico municipal utility imposed unlawful and discriminatory monthly fees on them, saying that leaving the lower court s decision in place would create an improper circuit split.
The unanimous panel said three circuit courts have applied a framework to determine whether a challenge under the Public Utility Regulatory Policies Act, which seeks to halt discrimination against certain small-scale power producers, should move forward in federal or state court. But, instead of following that framework, a lower court judge decided to take a different.
Federal court challenge looms over Alabama solar panel fees
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Public Utility Regulatory Policies Act/Order No 872: Solar Energy Industries Association Judicial Challenge | Mitchell, Williams, Selig, Gates & Woodyard, P L L C
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Federal court challenge looms over Alabama solar panel fees
KIM CHANDLER , Associated Press
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MONTGOMERY, Ala. (AP) A federal regulatory group will not take action against the Alabama Public Service Commission over fees allowed on home solar panels, but the group s chairman expressed concern that the state might be violating federal law designed to encourage alternative energy sources.
The Federal Energy Regulatory Commission rejected a request from environmental groups to take enforcement action against the Alabama regulators that approved Alabama Power’s fees on home solar panel s and other home power generation. However, two members of the five-member panel, Commission Chairman Richard Glick and Commissioner Allison Clements, issued a separate statement Wednesday to express concern that Alabama regulators may be violating federal policies designed to encourage the development of cogeneration and small power production facilities and to reduce the demand