SOLAR ENERGY INDUSTRIES ASSOCIATION v. FERC

No. 21-1126 Consolidated with 21-1136, 21-1142, 21-1149, 21-1175.

59 F.4th 1287 (2023)

SOLAR ENERGY INDUSTRIES ASSOCIATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NewSun Energy LLC and Broadview Solar, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 2023.


Attorney(s) appearing for the Case

Jeremy C. Marwell argued the cause for petitioners The Edison Electric Institute and Northwestern Corporation. With him on the briefs were Sarah N. Norcott and James T. Dawson .

Heather Curlee argued the cause for petitioner Solar Energy Industry Association. With her on the briefs was Todd G. Glass .

Adam Lowney and Christopher Jones were on the brief for amicus curiae Pacificorp d/b/a/ Pacific Power and Rocky Mountain Power in support of petitioners.

Jared B. Fish , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor. Anand Viswanathan , Attorney, entered an appearance.

Robert M. Loeb argued the cause for intervenors NewSun Energy LLC and Broadview Solar, LLC. With him on the brief were Gregory M. Adams , Adam Wenner , and Jeremy R. Peterman . Peter Richardson entered an appearance.

Kip D. Nelson , Nick Jimenez , and Irion A. Sanger were on the brief for amici curiae Carolinas Clean Energy Business Association, et al. in support of respondent.

Opinion concurring in part and dissenting in part filed by Circuit Judge Walker.


The Edison Electric Institute and NorthWestern Corporation, d/b/a NorthWestern Energy, (collectively, "Utilities") petition for review of an order by the Federal Energy Regulatory Commission ("Commission") in which the Commission granted Broadview Solar's application to become a qualifying facility under the Public...

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