In re Acorn Energy Solar 2, LLC

The Vermont Supreme Court upheld the Vermont Public Utility Commission’s decision granting a certificate of public good for construction and operation of a solar net-metering system. The arguments of the neighbors challenging the project included that the Commission erred in finding that the project would not have an undue adverse effect on greenhouse gases. The court concluded the neighbors had standing to make this argument, but found that the Commission’s finding that the project would not have an undue effect on greenhouse gas emissions was not clearly erroneous even though only “minimal evidence”—the project manager’s testimony that construction emissions would be similar to emission of projects of comparable size—supported the finding. Because the neighbors produced no other testimony and relied “merely on speculation that the excavation, regrading, and moving of materials would produce undue impacts,” the court upheld the Commission’s findings.