Defending groundbreaking initiatives; advancing vital reforms

Earthjustice's Clean Energy Program clears regulatory hurdles to clean energy development and secures utility investment in renewable generation, energy efficiency, and other clean energy alternatives. We defend against industry attacks on rooftop solar and other programs that promote distributed energy solutions, and advance reforms that are essential to shifting business models so that we can power our grid with 100% clean electricity.

Ensuring equal access to clean energy

We also work with our partners to expand access to clean energy for low-income families and stand up for consumers. We aim to ensure that communities of color, low-income communities, and Tribal communities — those who are disproportionately harmed by deadly pollution and climate change — are not left behind in a clean energy transition. 

Fighting for a just clean energy revolution

We are committed to fighting for a clean energy transition that advances justice and equity, benefits workers and the economy, and protects public health.

Highlights of our work include:

• We served as co-counsel in seeking U.S. Supreme Court review of the landmark case FERC v. EPSA, which affirmed that the Federal Energy Regulatory Commission has the authority to remove barriers to “demand response” programs, which compensates consumers for reducing their power use at certain times. Demand response provides tremendous benefits to our environment, helps consumers save money and makes our electricity grid more reliable. We’ve then applied this strong precedent to challenge further barriers to investment in demand response at the Federal Energy Regulatory Commission and before state regulators. Under pressure from our advocacy, the Federal Energy Regulatory Commission initiated new rulemaking to address these ongoing regulatory barriers.
• In 2020, we stopped utilities in Kansas from charging customers who generate their own power more than those who do not, when we challenged a decision approving extra fees for people who use residential solar systems.
• We stopped El Paso Electric Company, a local New Mexico regulated utility, from becoming the first in the nation to establish a separate rate class for rooftop solar customers – and charging higher rates for the power they purchased.
• We partnered with a coalition of community and solar industry groups to help establish a landmark clean energy project in Maryland. The three-year Maryland Community Solar Pilot Project includes several forward-thinking policies that will help remove barriers to renewable energy.
• We helped defend the Federal Energy Regulatory Commission’s landmark Order No. 841, which breaks down barriers to energy storage technologies that are critical to supporting the transition to a 100% zero emissions grid.