On January 1, 2025, the Virginia Supreme Court convened to deliberate on the case of 240315 West Virginia & Appalachian Laborers’ District Council v. State Corporation Commission, et al., focusing on the implications of local hiring requirements in solar energy projects. The discussions highlighted the balance between regulatory discretion and the prioritization of local labor in renewable energy initiatives.

The case centers around Sycamore Cross Solar LLC's application for a Certificate of Public Convenience and Necessity (CPCN) to develop a solar project. During the proceedings, it was noted that while certain statutes, such as the offshore wind statute, explicitly mandate local hiring, the enactment clause relevant to this case does not impose such a requirement. Instead, it grants the State Corporation Commission the discretion to determine the necessity of local hiring conditions.

Counsel for the commission argued that the decision to forego a mandatory local hiring condition was based on the findings of the Mangum Report, which indicated challenges in committing to specific hiring levels over a year in advance. This reasoning was supported by evidence presented during the hearings, which the commission thoroughly considered before reaching its conclusion.

Brian Greene, representing Sycamore Cross Solar, emphasized that the commission fulfilled its statutory obligations by reflecting on the potential benefits of the project for local workers and other groups. He contended that the term "consider" in the statute does not imply a requirement for specific findings or conditions, but rather allows for a broader interpretation that includes the exercise of discretion.

The discussions also touched on the legislative intent behind the wording of the statutes, with Greene asserting that the General Assembly is capable of explicitly directing the commission to prioritize local workers when it chooses to do so. He pointed out that in other statutes, such as those related to the Virginia Clean Economy Act (VCEA), specific conditions for local hiring are clearly articulated.

As the court deliberates on this case, the outcome could set a precedent for how local hiring conditions are interpreted in future renewable energy projects. The decision may influence not only the solar industry but also broader discussions about labor practices and community benefits in the transition to sustainable energy sources. The court's ruling will be closely watched by stakeholders in the energy sector and labor organizations alike, as it could reshape the landscape of local hiring policies in Virginia's renewable energy initiatives.