United States Ninth Circuit

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Winding Creek Solar LLC v. Peterman, 17-17531

Affirmed. Plaintiff filed suit against the Commissioners of the California Public Utilities commission alleging that the California Renewable Market Adjust Tariff (Re-MAT) program violated the Public Utility Regulatory Policies Act (PURPA). The district court granted summary judgment in favor of the Plaintiff, but declined to grant Plaintiff a contract with PG&E at a specified price. The Ninth Circuit held that the Re-MAT program violated the PURPA and therefore is preempted by PURPA, but the Ninth Circuit would not grant the contract because PG&E was not a party to the suit.

Appellate Information

  • Decided
  • Published 2019/07/29

Judges

  • McKeown

Court

  • United States Ninth Circuit

Counsel