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Vote Solar v. Farmington, City of

ELR Citation: 51 ELR 20124
Nos. 20-2028, (10th Cir., 06/28/2021)

The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to price discrimination in violation of FERC rules. The district court dismissed the suit, concluding it lacked jurisdiction under the Public Utility Regulatory Policies Act (PURPA) because plaintiffs did not argue that the city failed to make a reasonable effort to implement FERC's rules.The appellate court found that PURPA requires utilities to implement FERC rules and empowers federal courts to review whether their implementation was successful on its face. It reversed dismissal and remanded to the district court for further proceedings.