Ellis v. Salt River Project Agricultural Improvement & Power District

An antitrust class action lawsuit filed in the federal district court for the District of Arizona alleged that a public utility took actions “to unlawfully maintain its existing monopoly power over the retail delivery of electricity to customers throughout its service territory … by engaging in anticompetitive conduct designed to eliminate solar energy competition by implementing a discriminatory pricing scheme” that imposed higher electricity rates on consumers with solar energy systems. The complaint’s allegations included that the utility’s price plan “prevents consumers from taking advantage of solar energy systems purchased in order to save money, promote environmental policies, conserve natural resources and promote other beneficial policies realized through the self-generation and use of solar energy” (including reduction of air pollution, water pollution, and greenhouse gases). The complaint asserted claims under the Sherman Antitrust Act, the Arizona Uniform State Antitrust Act, the Arizona Constitution, Arizona’s public utilities statute, and the Equal Protection Claus of the Fourteenth Amendment of the U.S. Constitution.