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California Supreme Court takes up NEM 3.0 case against the CPUC

The California Supreme Court has taken up a lawsuit filed by the Center for Biological Diversity, the Protect Our Communities Foundation and the Environmental Working Group challenging the state’s new NEM 3.0 rooftop solar policy. The petitioners are asking the court to review whether the California Public Utilities Commission’s NEM 3.0 decision follows state laws requiring that net-metering policies help the rooftop solar market grow, especially in disadvantaged communities.

NEM 3.0 cut the compensation homeowners receive for feeding excess solar power to the grid by around 75%. A 2022 analysis by Wood Mackenzie predicted NEM 3.0 would halve California’s rooftop solar market by 2024. Internal research by the California Solar & Storage Association (CALSSA) found California was on track to lose 22% of its solar jobs by the end of 2023

Center for Biological Diversity Attorney Roger Lin told Solar Power World he expects court briefings to take at least the summer, after which point the court will schedule oral arguments.

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