ELR Citation: 56 ELR 20016
No(s). 1:25-cv-00592-SD (D. Me. Feb 17, 2026) (Neumann, J.)

A district court denied a solar energy company's motion to preliminarily enjoin implementation of a Maine law that imposes a monthly charge on community solar developers participating in the state's Net Energy Billing Program. The company argued the charge constituted an unconstitutional per se taking of private property and sought to enjoin its enforcement. The court found the company could not demonstrate a likelihood of success on the merits because the charge did not fall within either recognized exception to the general rule that monetary assessments are not takings—neither the unconstitutional conditions exception nor the "specific and identifiable fund of money" exception applied. It also found the company failed to establish irreparable harm because it could recover any monetary damages resulting from the charge directly from utility companies.