Territory Would Benefit from Distributed Solar and Batteries, Experts Say
SOUTH ROYALTON, Vt. (July 13, 2026) — On behalf of three organizations that have advocated for a just energy transition in Puerto Rico, Vermont Law and Graduate School’s (VLGS) Environmental Advocacy Clinic (EAC), Environmental Justice Clinic (EJC) and Institute for Energy and the Environment (IEE) recently filed an amicus brief with the U.S. Court of Appeals for the First Circuit. The brief argues that the Federal Emergency Management Agency (FEMA) failed to consider renewable energy as part of major federal energy investments in the aftermath of major hurricanes in Puerto Rico.
The EAC filed the brief on behalf of Cambio PR, Inc., the Resiliency Law Center and the Union of Concerned Scientists, arguing that FEMA’s plans violated the requirements of the National Environmental Policy Act (NEPA) because they failed to consider the alternative of distributed energy resources (DERs) — like solar and batteries — and the major environmental impacts of new fossil fuel-oriented investments.
“FEMA’s refusal to consider the real human and environmental costs of re-establishing fragile energy infrastructure that relies on expensive, imported fossil fuels is an injustice to the residents of Puerto Rico, a misuse of taxpayer dollars and a clear violation of federal law,” said Assistant Professor of Law and recent Parenteau Climate Action Fellow Rachel Westrate, lead author of the brief. “Distributed Energy Resources not only provide a more resilient, cleaner and often cheaper source of electricity, they are also critical to ensuring a sustainable and reliable energy future for Puerto Rico.”
The project’s purpose is to re-establish a safe and reliable network of utilities for the residents of Puerto Rico, in the wake of the devastation caused by Hurricanes Maria and Irma. But, in the decision challenged in the case, FEMA only considered imported fossil fuels as a primary energy source and did not consider alternatives to address the territory’s long-term grid reliability in an area that has historically faced long-lasting power outages.
The brief highlights that these power outages are a severe environmental justice concern. “An overreliance on fossil fuel energy sources, an outdated grid, a failure to adopt distributed generation and microgrids, inadequate system maintenance, and an ongoing exodus of skilled workers have made Puerto Rico’s elderly, low-income and rural residents especially vulnerable to power outages, not just during hurricanes, but on a weekly basis,” according to the filing.
Prolonged power outages can be directly linked to increased death rates, with adults ages 65 and older — about a quarter of the Puerto Rican population — having a higher risk of adverse health outcomes, particularly in rural, hurricane-prone areas.
To overcome these challenges, Puerto Rico has already turned to DERs — now exhibiting one of the highest per capita adoption rates of residential solar and batteries in the United States.
“FEMA’s refusal to consider such a significant alternative shows a basic lack of understanding of what DERs could do and are doing to address the energy reliability and affordability crisis in Puerto Rico and violates its affirmative duty to develop and consider alternatives under NEPA,” the brief said. As a result, FEMA failed to examine the environmental consequences of its actions, including both benefits and potential negative outcomes. The inclusion of more DERs could reduce greenhouse gas emissions, air pollution, the risk of petroleum leaks, pollution from thermoelectric power plants and more.
Westrate co-authored the brief with Associate Professors Christophe Courchesne of the EAC and Mark James of the IEE, as well as Visiting Professors Lindi Mutius Widell of the EJC and Kirt Mayland of the IEE.
The EAC, EJC and IEE partnered with Professor José Arturo Maldonado Andreu of the Environmental Law Clinic at the University of Puerto Rico School of Law and student clinician Carolina Fernandez-Massas, who provided critical advice and expertise on the island’s energy concerns. Professor Maldonado Andreu also is co-teaching a VLGS field study course this summer in Puerto Rico on the law of the rights of nature.
Nine Puerto Rican organizations, along with the Center for Biological Diversity (CBD), sued FEMA in the U.S. District Court for the District of Puerto Rico in 2024 over the failure to consider renewable energy alternatives. Agreeing with the plaintiffs, that court ordered FEMA to do a more comprehensive environmental analysis. FEMA appealed to the First Circuit; the amicus brief supports the Puerto Rican organizations and CBD in the appeal. The case is Comité Dialogo Ambiental, Inc., et al., v. Federal Emergency Management Agency, et al., No. 25-2163, in the U.S. Court of Appeals for the First Circuit.
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