Vermont Electricity Program Survives Solar Companies’ Appeal

Solar companies lost their bid Monday to reverse a lower court decision dismissing their challenge to a Vermont electricity program.

The companies already made similar arguments about the same issue in state court, so they can’t relitigate, the US Court of Appeals for the Second Circuit said in an unpublished opinion.

Allco Finance Ltd., Chelsea Solar LLC, and Apple Hill Solar LLC sued Vermont Public Utility Commission members in 2023, claiming the agency’s program regulating how electric utilities purchase power from qualifying facilities was preempted by federal law.

The federal Public Utility Regulatory Policies Act requires electric utilities ...