Law360 Publishes Todd Brecher Article on PURPA Ruling from 9th Circuit

Law360 has published the article “Why 9th Circ. Affirmed Renewable Developers’ PURPA Rights,” written by Todd Brecher, counsel in the energy regulation, markets and enforcement practice at Akin Gump.

The article, based on an AG Speaking Energy blog post, examines a recent ruling by the U.S. Court of Appeals for the 9th Circuit that California is not compliant with the Public Utility Regulatory Policies Act (PURPA). Brecher writes that the decision “is a victory for renewable generation developers in California and, potentially, elsewhere.” At the same time, though, “it also highlights the limits of states’ flexibility with respect to PURPA implementation absent statutory and regulatory changes.”

The article provides some background on PURPA, noting that the law was enacted in 1978 to “promote the use of non-utility owned domestic renewable energy resources.” It then discusses the PURPA programs in California before reviewing some of the decisions’ implications.

To read the original blog post, please click here.