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Solar Energy Appeals

Williams Mullen

[Webinar] Renewable Energy Series: 2024 Virginia Energy Legislative Update - April 3rd, 11:00 am - 11:30 am EDT

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This year’s Virginia General Assembly was a packed session with several important pieces of legislation under consideration to further Virginia’s energy transition. Register for our annual webinar where we will provide an...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

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Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Power Cables/Road: Maryland Court Asked to Consider Whether County Has Sufficient Interest to Provide Subsurface Access

The Appellate Court of Maryland (“Appt. Court”) was asked to address an issue arising out of an attempt to install solar cables underneath a county road. See Board of County Commissioners of Somerset County v. Howard Kevin...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Array/Tax Assessment: Rhode Island Supreme Court Addresses Challenge to Property Valuation

The Supreme Court of Rhode Island (“Appellate Court”) in a February 21st Opinion addressed a tax assessment issue involving a solar array. See Polseno Properties Management, LLC v. Keeble, 2023 WL 2125824. The question...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy Facility/Zoning: Massachusetts Appellate Court Addresses Judicial Challenge to Town's Special Permit Requirement

The Appeals Court of Massachusetts (‘Appellate Court”) addressed in a December 8th Memorandum and Order (“Memorandum”) a judicial challenge to a Town of Ware, Massachusetts, (“Ware”) bylaw requiring a special permit for...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability IP Updates — December 2022

In U.S. technology news, Heliogen, Inc., a renewable energy technology company, recently announced its selection to receive a $4,100,000 award from the U. S. Department of Energy’s “Solar Energy Technologies Office” to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Power Facility: Massachusetts Appellate Court Addresses Applicability of Personal Property Tax Exemption

The Appeals Court of Massachusetts (“Court”) addressed in a September 21st Opinion whether a Massachusetts property tax exemption was applicable to a solar photovoltaic facility (i.e., “Solar Power Facility”). See PelleVerde...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy System/Access Road: Massachusetts Appellate Court Addresses Zoning Issue

The Supreme Judicial Court of Massachusetts (“Court”) addressed in a June 2nd Opinion application of the City of Waltham, Massachusetts, (“Waltham”) zoning code to the construction of a solar energy system. See 2022 WL...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Conditional-Use Permit/Solar Energy Production Facility: Minnesota Appellate Court Addresses Challenge to County's Denial

The Court of Appeals of Minnesota (“Court”) addressed in a December 20th Opinion an issue arising out of a proposal to build two solar-energy production facilities (“Solar-Energy Facilities”). See In the Matter of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Photovoltaic Solar Energy System/Conditional Use Permit: Minnesota Appellate Court Addresses Challenge to Denial

The Court of Appeals of Minnesota (“Court”) in a July 12th Opinion addressed an issue arising out of the proposed construction of a photovoltaic solar energy system (“System”). See In the Matter of the Application of United...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Utility Regulatory Policies Act: Federal Appellate Court Addresses Subject Matter Jurisdiction

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) addressed in a June 28th Opinion an issue involving the Public Utility Regulatory Policies Act (“PURPA”). See Solar v. City of Farmington, No. 20-2028,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

FERC PURPA Rule Revisions/Order No. 872: Solar Energy Association United States Court of Appeals (9th) Petition for Review

The Solar Energy Industries Association (“SEIA”) filed a September 18th Petition before the United States Court of Appeals for the Ninth Circuit challenging Order No. 872 which revised certain Public Utility Regulatory...more

Bradley Arant Boult Cummings LLP

Minnesota Automatic-Approval Rule Secures CUP and Saves Solar Project

One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community...more

Farrell Fritz, P.C.

Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

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A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First – a little background information. ...more

Holland & Knight LLP

The Light Shines for CA QFs: The Ninth Circuit Finds PURPA Preempts CA Renewable Energy Program

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On July 30, 2019, a Ninth Circuit Court of Appeal panel unanimously held that the federal Public Utility Regulatory Policy Act (PURPA) preempts two components of California's Renewable Market Adjusting Tariff (Re-MAT)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy/California Appellate Court Addresses Application of Zoning Laws to Community Services District Project

The California Court of Appeal (Fourth District) (“Court”) addressed in a July 19th opinion whether a solar energy project proposed by a local agency was exempt from certain city zoning ordinances. See City of Hesperia v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Request for Declaratory Judgment/Legally Enforceable Obligation: Federal Appellate Court Addresses Dispute Between Solar Related...

The Montana Public Service Commission and its Commissioners (collectively “MPSC”) enacted a regulation, Montana Administrative Rule 38.5.1909, that removed the allegedly unlawful portion of the MPSC’s test for establishing a...more

Bricker Graydon LLP

Court finds that Brooklyn landfill solar project does not violate Ohio Constitution

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A recent ruling sheds additional light on Ohio municipal utilities’ authority to sell surplus power to customers outside their boundaries. On May 10, 2019, Judge Robert C. Pollex, sitting as a visiting judge on the Cuyahoga...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy Equipment: North Carolina Appellate Court Addresses Scope of Property Tax Exemption

The North Carolina Court of Appeals (“Court”) interpreted the scope of a North Carolina property tax exemption related to solar energy equipment. See In Re Highwater Solar, 2018 WL 6053437. The issue addressed was whether...more

Miles & Stockbridge P.C.

Local LU&Z Preempted in the Solar Field

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On a day yielding no sunshine, but rather the first snow of the winter season in parts of Maryland, the Maryland Court of Special Appeals reissued its decision in Board of County Commn. of Washington County v. Perennial...more

Allen Matkins

Sustainable Development Update - October 2018

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Sustainable Development Focus - Green-certified office buildings reach record number - COMMERCIAL PROPERTY EXECUTIVE - Sep 28 Green-certified space across 30 U.S. metros has reached a record-high, accounting for 41...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Stoel Rives - Renewable + Law

Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California

In the recently issued but unpublished decision Reed v. SunRun, Inc. (Los Angeles County Super. Ct. No. BC498002, Feb. 2, 2018), the Second District Court of Appeal ruled that a solar power purchase agreement (“PPA”) provider...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy Generating Systems: Judicial Challenge of California County's Tax Assessment

California’s Fourth District Court of Appeals considered the validity of the assessment methodology used by the San Bernardino County Assessor to calculate the annual tax on solar properties. See Luz Solar Partner Ltd., III...more

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