The federal district court for the District of Maine denied community solar project sponsors’ challenge to a Maine law that imposed a charge on community solar developers participating in Maine’s Net Energy Billing (NEB) Program. The plaintiffs contended that the new charge constituted an unconstitutional per se taking of private property and alleged that it would “upend Maine’s progress toward achieving its sustainability goals.” The court found that the plaintiffs could not demonstrate a likelihood of success on the merits of their claim that the project charge was an unconstitutional taking. The court concluded that the charge was neither an impermissible monetary exaction under the unconstitutional conditions doctrine nor a governmental directive of payments from a specific and identifiable fund of money. The court further concluded that the plaintiffs could not sustain a per se takings claim because their participation in the NEB Program was voluntary. The court also found that the plaintiffs failed to establish irreparable harm because they would be able to recover any monetary damages resulting from the charge. In addition, the court found that the balance of equities and the public interest weighed against a preliminary injunction.

Maine community solar project sponsors' constitutional challenge to a June 2025 state law that the plaintiffs alleged threatened the viability of their projects.

Gray Yarmouth Road Solar LLC v. Maine Public Utilities Commission

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Maine Federal Court Denied Community Solar Developers’ Request that It Block Maine Law’s Imposition of Project Charge for Participation in Net Energy Billing

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Maine community solar project sponsors' constitutional challenge to a June 2025 state law that the plaintiffs alleged threatened the viability of their projects. 

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Maine Federal Court Denied Community Solar Developers’ Request that It Block Maine Law’s Imposition of Project Charge for Participation in Net Energy Billing

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Greenhouse gas

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