Friends of the Earth to explore legal options after government consults on scrapping solar feed-in tariff

friends of the earth

Friends of the Earth is considering legal options to challenge the government鈥檚 mooted axing of feed-in tariffs, which the environmental pressure group fears will end the UK鈥檚 solar power boom.

Friends of the Earth (FoE) has already notched up one legal victory over the Department of Energy and Climate Change (DECC) - after it launched a successful judicial review challenge to cuts made in 2012 to feed-in tariffs (FIT).

The campaign group鈥檚 renewable energy and climate campaigner Alasdair Cameron told 黑洞社区 the organisation is 鈥渃losely examining鈥 the option of taking legal action against any cuts to FITs proposed this time around.

Last week DECC launched a public consultation on FITs, in which it proposed potentially axing the subsidies if they are judged to be 鈥渦naffordable鈥. This could be implemented as early as January next year.

Other options under consideration include varying degrees of cuts to the subsidies, not extending the scheme to other renewable technologies and not extending the scheme to Northern Ireland as previously planned.

Cameron said it鈥檚 鈥渢oo soon to say鈥 whether FoE will pursue legal action against the government, but added: 鈥淲e are examining that option closely.鈥 He said the government鈥檚 consultation meant 鈥渢hey鈥檙e effectively closing FITs before solar power reaches grid parity [the price at which power generated from solar equals the price of getting power from the grid].鈥

John Forster, chairman of both solar panel supplier Forster Group and the Solar Trade Association (STA) Scotland, said the consultation could 鈥渃lose the scheme completely鈥. He added: 鈥淚t鈥檚 unjustifiable as far as we are concerned. They鈥檙e [鈥 suggesting there鈥檚 an overspend. We as an industry don鈥檛 believe that.鈥

Forster said the STA presented a plan to the new government in June, outlining how the solar industry could become subsidy-free by 2020.

However, he said the government 鈥渃ompletely ignored鈥 the STA鈥檚 plan, and added: 鈥淭he trouble with this consultation is the options are to do nothing, make a drastic cut or close it altogether. We want them to stop now in their tracks and pick up our solar independence plan.鈥

DECC said it was considering cuts to FITs due to 鈥減rojected overspend鈥 on the scheme and because it is required to review subsidy schemes every three years by the European Commission.

The scheme allows households to claim money from energy suppliers if they generate electricity through renewable sources, most popularly solar panels, but also wind turbines.

In 2012 the High Court ruled in favour of a FoE judicial review challenge that a cut to feed-in tariff rates at the time was unlawful, on the grounds that the consultation on the proposed cuts ended after the date the cuts came into force for new applicants. The government subsequently lost an appeal against the High Court ruling.

Stakeholders have until 11:45am on 23 October to respond to the consultation.