9th Circ. Finds Faults In Calif. Green Energy Payment Scheme

Law360 (July 30, 2019, 4:03 PM EDT) -- A Ninth Circuit panel said a California regulator violated the Public Utility Regulatory Policies Act by limiting the amount of power utilities had to purchase from certain renewable sources and placing unlawful constraints around how those generators are paid.

U.S. Circuit Judge M. Margaret McKeown, writing for a unanimous panel on Monday, affirmed a lower court and sided with Winding Creek Solar LLC, which argued a renewable tariff program run by the California Public Utilities Commission is too constrained.

Winding Creek had sought to build a 1-megawatt solar energy facility in Lodi, California, but was frustrated with the price it was offered...

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