EWG challenging California Supreme Court on anti-solar ruling

April 21, 2026 at 4:00 PM
Martin McConnell
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<p>The Environmental Working Group (EWG) and its allies in California are asking the California Supreme Court to review an appeals court decision that they say &#8220;threatens the future of clean... <a class="view-article" href="https://solarbuildermag.com/policy/ewg-challenging-california-supreme-court-on-anti-solar-ruling/">View Article</a></p> <p>-- Solar Builder magazine</p>

<figure class="wp-block-image size-large"><img alt="California Supreme Court" class="wp-image-58941" height="467" src="https://solarbuildermag.com/wp-content/uploads/2026/04/dreamstime_m_15103637-1-700x467.jpg" width="700" /></figure>

<p>The <a href="https://www.ewg.org/">Environmental Working Group (EWG)</a> and its allies in California are asking the California Supreme Court to review an appeals court decision that they say &#8220;threatens the future of clean energy in the state.&#8221;</p>

<p>Along with the <a href="https://www.biologicaldiversity.org/">Center for Biological Diversity</a> and the <a href="https://protectourcommunities.org/">Protect Our Communities Foundation</a>, the EWG petitioned the court on April 17 to review the <a href="https://appellate.courts.ca.gov/">California Court of Appeal’s</a> March ruling. The ruling upholds a policy instated by the <a href="https://www.cpuc.ca.gov/">California Public Utilities Commission</a> that sharply scales back <a href="https://solarbuildermag.com/news/california-committee-passes-bill-that-would-break-net-metering-contracts/">net energy metering programs</a> around the Golden State.</p>

<p>The policy was originally sought out and lobbied for by California&#8217;s three monopoly utility companies, the EWG says. In exchange, the group&#8217;s coalition argues that upholding the policy &#8220;gave too much deference to the commission’s decision-making&#8221; and ignores the state legislature&#8217;s recent directives.</p>

<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>&#8220;Many Californians struggle to pay their ever-increasing electricity bills, and the commission’s ill-conceived policy will only make matters worse,&#8221; says Bernadette Del Chiaro, EWG&#8217;s SVP for California. &#8220;Putting clean, reliable rooftop solar financially out of reach for millions of renters and homeowners makes no sense.</p>

<p>&#8220;An affordability crisis is the time to promote efforts to reduce energy costs and save people money – not reward the monopoly utilities by throttling their competition.&#8221;</p>

<figure class="wp-block-image size-large"><img alt="gavel with solar panels" class="wp-image-51179" height="467" src="https://solarbuildermag.com/wp-content/uploads/2024/09/gavel-with-solar-panels-700x467.jpg" width="700" /></figure>

<h3 class="wp-block-heading" id="h-righting-an-affordability-crisis">Righting an affordability crisis</h3>

<p>The recently upheld policy has &#8220;failed to account for the many benefits of small, distributed solar systems,&#8221; according to the EWG. These distributed energy resources help to lower costs and make energy more affordable in California, where <a href="https://solarbuildermag.com/policy/california-legislature-approves-vpp-bill-to-reduce-energy-rates/">electricity is often at a premium</a>.</p>

<p>&#8220;The utilities don’t like this program because it hurts their bottom line,&#8221; Del Chiaro said last November, upon hearing of the court&#8217;s initial decision. &#8220;They see rooftop solar as their biggest competitive threat and want to halt its growth, using the CPUC to achieve that end.&#8221;</p>

<p>All of this comes back to a 2022 decision by the CPUC, which &#8220;severely damaged&#8221; California&#8217;s rooftop solar program. After triggering a sharp drop in solar installations, the decision inadvertently caused tens of thousands of solar worker layoffs and company bankruptcies around the state.</p>

<p>Since then, the state&#8217;s Supreme Court has already overturned one appeals court decision, sending the case back for another review. Now, the EWG hopes to get their case heard once more, before the state&#8217;s highest court.</p>

<p>&#8220;If the Supreme Court agrees to hear our case, we’ll make clear how the commission’s anti-solar policy fails on every front,&#8221; Del Chiaro adds. &#8220;It’s unlawful, undermines efforts to lower electricity bills and harms Californians and our environment.&#8221;</p>
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<p>-- Solar Builder magazine</p>

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