The High Court has agreed to hear applications by Friends of the Earth and two solar companies – Solarcentury and HomeSun – for permission to challenge Government plans to slash financial incentives for solar electricity on Thursday 15 December 2011.

Confirmation of the hearing follows an earlier High Court ruling [Friday 25 November 2011] rejecting permission for a legal challenge. The organisations are now asking the High Court to reverse the decision and allow a hearing into the legal challenges as soon as possible.

Friends of the Earth is also asking the High Court to cap its potential legal costs for the case. International rules specify that costs should be limited in public interest cases on the environment.

The legal challenges centre around Government plans to slash feed-in tariff subsidies – payments made to households and communities that generate green electricity through solar panels – on any installations completed after 12 December this year. The Government is currently running a consultation into feed-in tariffs – but the 12 December cut-off point comes two weeks before the consultation ends. Friends of the Earth says this premature decision is unlawful and has already led to unfinished or planned projects being abandoned.

Solar is a growing, successful industry. The premature cuts could cost up to 29,000 jobs and lose the Treasury up to £230 million a year in tax income, a report commissioned by Friends of the Earth and Cut Don’t Kill – an alliance of solar firms and consumer and environmental organisations – revealed last month. Last week construction firm Carillion warned 4,500 workers their jobs are at risk because of the Government’s proposals.

Friends of the Earth’s Executive Director Andy Atkins said:

“We strongly believe Government plans to abruptly slash solar subsidies are illegal, we hope the High Court agrees to allow our case to be heard as soon as possible.

“We’ve also asked the High Court to cap our potential costs. International rules say this should be allowed in public interest cases on the environment – we can’t afford to bring a challenge if we face unlimited liability for the other side’s legal fees.

“In a time of economic gloom, the solar industry has been one of the UK’s brightest success stories, enabling homes and communities across the country to free themselves from expensive fossil fuels.

“It’s short sighted for Ministers to move the goalposts and prematurely pull the subsidy – this will cost tens of thousands of jobs, bankrupt businesses and reduce Treasury income by up to £230m a year.”

The Government’s rationale for cutting the Feed-in Tariff for Solar PV so fast and so drastically is that it is a necessary measure in order to keep expenditure of Feed-in Tariffs in check. Many reports in the media and statements by ministers themselves have suggested that Solar PV is costing households a large amount on their energy bills (the Feed-in Tariff is considered levy on energy bills by the Treasury and therefore labelled a form of taxation). We are concerned that the Government and the large energy companies are not being transparent about how much of taxpayers money gets spent on the various energy technologies and misleading people into believing the cost of renewable is higher than it really is.

As an example, according to an email seen by Engensa from the energy regulator Ofgem, officials have calculated that the cost of the Feed-in Tariff to household energy bills is less than £1 per year. This agrees with Engensa’s own research found here. In contrast, the UK tax payer pays hundreds of times more than this towards the cost of decommissioning nuclear power stations and looking after the nuclear waste they generate. According to the Government’s own figures, £6.93bn of taxpayers money was given to the Nuclear Decommissioning Authority in 2010-2011, which equates to £260 per household.

As Green Party leader Caroline Lucas MP pointed out in a recent speech, when there are dozens of Big 6 employees working inside Parliament contributing to policy as secondees, and hordes of energy company lobbyists pushing for the decisions they want, it is very important that the Government is absolutely transparent about the costs and benefits of the various options so that the public, not big companies, can decide.

www.engensa.com

Commenting on news that services company Carillion has told 4,500 staff that their jobs are at risk following plans to halve subsidies on solar power, Friends of the Earth’s Energy Campaigner Donna Hume warned:

“This is just the tip of the iceberg – if Ministers push ahead with plans to slash solar subsidies tens of thousands of jobs could be lost.

“A fraction of the cash the Chancellor set aside this week for more roads and dirty energy would throw a lifeline to the solar industry and the thousands of skilled workers currently facing unempolyment.

“The solar industry has a crucial role in reducing the nation’s dependency on expensive fossil fuels and developing the clean future David Cameron has repeatedly promised – Ministers must abandon plans to pull the plug on it.”