Maryland Court of Appeals Decision in Board of County Commissioners of Washington County, Maryland v. Perennial Solar, LLC. Washington County - July 2019. The Maryland Court of Appeals held that the PSC is the ultimate authority in siting utility-scale solar projects under the Public Utilities Article §7-207 through implied preemption (one of two ways a court can find that the General Assembly has preempted an area of the law.) Although Maryland law does not explicitly indicate that the state has this authority, the court ruled that this authority is implied after considering multiple factors. The case involves an 86-acre solar project (~10 MW) in Washington County proposed by Perennial Solar, LLC.
The PSC’s Public Utility Judge denied Frederick County’s appeal for the following reasons:
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