News & Analysis as of

Solar Energy Appeals

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panel Array/Siting: New Hampshire Supreme Court Applies State Solar Development Statute

The Supreme Court of New Hampshire (“Court”) addressed in April 9, 2024 Opinion issues arising out of the installation of a solar array. See Mojalaki Holdings, LLC. v. City of Franklin, 2024 N.H. 17, 2024 WL 1514612 (N.H....more

Hinckley Allen

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

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The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times.  And when a project’s proposed use is not automatically authorized...more

Foley Hoag LLP - Energy & Climate Counsel

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously...more

Harris Beach Murtha PLLC

Assessors Must Use Uniform Assessment Model for Solar and Wind Facilities in Upcoming Tax Year

On May 30, 2025, the Third Department confirmed an automatic stay of the Albany Court Supreme Court’s decision in Airey v State, making it clear assessors are required to utilize the state-wide uniform assessment model for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

Farrell Fritz, P.C.

Real Property Taxation of Solar and Wind Energy Systems in New York State Update: Court Declares RPTL § 575-b Unconstitutional in...

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In a Decision and Order rendered March 4, 2025, Albany County Supreme Court struck down as unconstitutional Section 575-b of the Real Property Tax Law, in the matter of Airey, et al. v. State of New York, et al. (Index No....more

Goulston & Storrs PC

Appeals Court Shines Light on Solar Panel Protections

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Kearsarge Walpole LLC v. Zoning Board of Appeals of Walpole involved a dispute over where a large-scale solar array could be placed in Walpole, Massachusetts. In Kearsarge, a solar developer (Kearsarge), along with Norfolk...more

Allen Matkins

Renewable Energy Update 12.26.24

Allen Matkins on

The Department of Energy has announced plans to prepare environmental reviews for three proposed hydrogen hubs in Appalachia, California, and the Pacific Northwest as part of the Biden administration’s initiative to establish...more

Williams Mullen

[Webinar] Renewable Energy Series: 2024 Virginia Energy Legislative Update - April 3rd, 11:00 am - 11:30 am EDT

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This year’s Virginia General Assembly was a packed session with several important pieces of legislation under consideration to further Virginia’s energy transition. Register for our annual webinar where we will provide an...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

DarrowEverett LLP on

Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Power Cables/Road: Maryland Court Asked to Consider Whether County Has Sufficient Interest to Provide Subsurface Access

The Appellate Court of Maryland (“Appt. Court”) was asked to address an issue arising out of an attempt to install solar cables underneath a county road. See Board of County Commissioners of Somerset County v. Howard Kevin...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Array/Tax Assessment: Rhode Island Supreme Court Addresses Challenge to Property Valuation

The Supreme Court of Rhode Island (“Appellate Court”) in a February 21st Opinion addressed a tax assessment issue involving a solar array. See Polseno Properties Management, LLC v. Keeble, 2023 WL 2125824. The question...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy Facility/Zoning: Massachusetts Appellate Court Addresses Judicial Challenge to Town's Special Permit Requirement

The Appeals Court of Massachusetts (‘Appellate Court”) addressed in a December 8th Memorandum and Order (“Memorandum”) a judicial challenge to a Town of Ware, Massachusetts, (“Ware”) bylaw requiring a special permit for...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability IP Updates — December 2022

In U.S. technology news, Heliogen, Inc., a renewable energy technology company, recently announced its selection to receive a $4,100,000 award from the U. S. Department of Energy’s “Solar Energy Technologies Office” to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Power Facility: Massachusetts Appellate Court Addresses Applicability of Personal Property Tax Exemption

The Appeals Court of Massachusetts (“Court”) addressed in a September 21st Opinion whether a Massachusetts property tax exemption was applicable to a solar photovoltaic facility (i.e., “Solar Power Facility”). See PelleVerde...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy System/Access Road: Massachusetts Appellate Court Addresses Zoning Issue

The Supreme Judicial Court of Massachusetts (“Court”) addressed in a June 2nd Opinion application of the City of Waltham, Massachusetts, (“Waltham”) zoning code to the construction of a solar energy system. See 2022 WL...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Conditional-Use Permit/Solar Energy Production Facility: Minnesota Appellate Court Addresses Challenge to County's Denial

The Court of Appeals of Minnesota (“Court”) addressed in a December 20th Opinion an issue arising out of a proposal to build two solar-energy production facilities (“Solar-Energy Facilities”). See In the Matter of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Photovoltaic Solar Energy System/Conditional Use Permit: Minnesota Appellate Court Addresses Challenge to Denial

The Court of Appeals of Minnesota (“Court”) in a July 12th Opinion addressed an issue arising out of the proposed construction of a photovoltaic solar energy system (“System”). See In the Matter of the Application of United...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Utility Regulatory Policies Act: Federal Appellate Court Addresses Subject Matter Jurisdiction

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) addressed in a June 28th Opinion an issue involving the Public Utility Regulatory Policies Act (“PURPA”). See Solar v. City of Farmington, No. 20-2028,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

FERC PURPA Rule Revisions/Order No. 872: Solar Energy Association United States Court of Appeals (9th) Petition for Review

The Solar Energy Industries Association (“SEIA”) filed a September 18th Petition before the United States Court of Appeals for the Ninth Circuit challenging Order No. 872 which revised certain Public Utility Regulatory...more

Bradley Arant Boult Cummings LLP

Minnesota Automatic-Approval Rule Secures CUP and Saves Solar Project

One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community...more

Farrell Fritz, P.C.

Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

Farrell Fritz, P.C. on

A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First – a little background information. ...more

Holland & Knight LLP

The Light Shines for CA QFs: The Ninth Circuit Finds PURPA Preempts CA Renewable Energy Program

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On July 30, 2019, a Ninth Circuit Court of Appeal panel unanimously held that the federal Public Utility Regulatory Policy Act (PURPA) preempts two components of California's Renewable Market Adjusting Tariff (Re-MAT)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy/California Appellate Court Addresses Application of Zoning Laws to Community Services District Project

The California Court of Appeal (Fourth District) (“Court”) addressed in a July 19th opinion whether a solar energy project proposed by a local agency was exempt from certain city zoning ordinances. See City of Hesperia v....more

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