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Installing solar panels on a residential roof in San Diego. REUTERS/Mike Blake
(Reuters) - California nonprofit Vote Solar and several owners of solar arrays in Farmington, New Mexico, can challenge the city utilityâs âstandby feesâ on alternative energy systems in federal court, the 10th U.S. Circuit Court of Appeals held Monday.
The 10th Circuit said a federal judge in Albuquerque erred in ruling that he lacked jurisdiction because the challengers and their lawyers at Earthjustice had alleged only that the fees were âinconsistentâ with an antidiscrimination rule adopted by the Federal Energy Regulatory Commission â not that the utility âoutright failedâ or âmade no reasonable attemptâ to implement the rule.