A lawsuit challenging Alabama Power’s controversial rooftop solar panel charge is still ongoing, despite attempts by the utility company to have it dismissed. The charge, which is known as the “solar tax,” imposes a fee on customers who generate their own electricity using rooftop solar panels.
In 2018, environmental advocacy group Southern Environmental Law Center filed a lawsuit on behalf of several individual customers, arguing that the charge unfairly penalizes those who choose to use solar energy. The lawsuit claims that the charge violates state law, which allows customers to generate their own electricity without being subject to additional fees.
Alabama Power has argued that the charge is necessary to cover the costs of maintaining the grid for customers who do not have solar panels. The utility company has also claimed that the charge is necessary to ensure that all customers pay their fair share for using the grid.
Despite these arguments, the lawsuit has continued to move forward. In December 2020, an Alabama Circuit Court judge denied Alabama Power’s motion to dismiss the case, allowing it to proceed to trial. The judge ruled that there were valid legal questions surrounding the charge that needed to be resolved.
The outcome of this lawsuit could have significant implications for the future of solar energy in Alabama. If the charge is found to be unlawful, it could open the door for more customers to install rooftop solar panels without fear of being hit with additional fees. It could also spur other utility companies in the state to reevaluate their own solar policies.
As the case continues to unfold, both supporters and opponents of the solar charge will be closely watching to see how it ultimately plays out in court.
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