Why 9th Circ. Affirmed Renewable Developers’ PURPA Rights

Law360 (August 8, 2019, 2:32 PM EDT) -- On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Winding Creek Solar LLC v. Peterman affirming a district court’s finding that the California Public Utilities Commission’s implementation of the Public Utility Regulatory Policies Act of 1978, or PURPA, did not meet the statutory requirements with respect to renewable generation developers’ contracting opportunities with electric utilities.

While the decision is a victory for renewable generation developers in California and, potentially, elsewhere, it also highlights the limits of states’ flexibility with respect to PURPA implementation absent statutory and regulatory changes.

Brief Background on PURPA

Congress enacted PURPA in 1978...

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