FERC’s Solar Facility Status Order Survives Revived Challenge

The Federal Energy Regulatory Commission’s order granting a solar energy producer in Montana qualifying facility status was upheld after the DC Circuit revisited its decision using the high court’s Loper Bright standard.

“Because the best view of the statute supports FERC’s certification order” for Broadview Solar LLC, “we deny the petitions for review,” a split panel of the US Court of Appeals for the DC Circuit said in its majority opinion Tuesday.

The three-judge panel also split in 2023 when denying their challenge to FERC’s order certifying the Broadview power facility in Montana as a “small power production ...