California Supreme Court takes up NEM 3.0 case against the CPUC

California Supreme Court takes up NEM 3.0 case against the CPUC

The California Supreme Courtroom has taken up a lawsuit filed by the Heart for Organic Variety, the Defend Our Communities Basis, and the Environmental Working Group difficult the state’s new NEM 3.0 rooftop photo voltaic coverage. The petitioners are asking the court docket to evaluate whether or not the California Public Utilities Fee’s NEM 3.0 choice follows state legal guidelines requiring that net-metering insurance policies assist the rooftop photo voltaic market development, particularly in deprived communities.

NEM 3.0 went into impact on April 15, 2023, and minimized the compensation householders obtained for feeding extra solar energy to the grid by around 75%. A 2022 evaluation by Wooden Mackenzie predicted NEM 3.0 would halve California’s rooftop photo voltaic market by 2024. Inside analysis by the California Photo Voltaic & Storage Affiliation (CALSSA) discovered California was on monitor to lose 22% of its photo voltaic jobs by the tip of 2023

In Might of 2023, the Heart for Organic Variety and different petitioners filed a lawsuit in opposition to the choice, however, an appeals court docket dominated in favor of the CPUC and upheld NEM 3.0. The teams now say the Supreme Courtroom’s choice to listen to the appeals court docket’s ruling is an opportunity to undo the harm and save photo voltaic.

“The court docket’s intervention is critical to make clear whether or not the fee can disregard societal advantages in setting tariffs for residential rooftop era and fulfill its obligation to advertise rooftop photo voltaic development in deprived communities underneath the NEM statute,” stated Environmental Working Group (EWG) Normal Counsel Caroline Leary.

Heart for Organic Variety Legal professional Roger Lin advised Photo voltaic Energy World he expects court docket briefings to take a minimum of the summer season, after which level the court docket will schedule oral arguments.

“The Supreme Courtroom’s choice is a ray of hope for rooftop photo voltaic at a time when plummeting installations and big layoffs are wrecking this very important trade and jeopardizing California’s local weather targets,” Lin stated. “The Public Utilities Fee made an enormous mistake that’s placing rooftop photo voltaic advantages out of attain for working-class households. However the fee isn’t immune from authorized evaluation, and I’m now much more optimistic that we are able to get again to an affordable coverage that helps California combat the local weather emergency and environmental injustice.”

Up to date at 3:33 p.m.

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