ARLINGTON, VA (May 15, 2026) — The Retail Energy Advancement League (REAL) today announced a significant legal victory after the U.S. Court of Appeals for the Fourth Circuit ruled in favor of REAL and its co-plaintiff, Green Mountain Energy Company, in their challenge to Maryland’s Senate Bill 1 (2024).
The court reversed the lower court’s decision in part and ordered a preliminary injunction against key provisions of Senate Bill 1 that prohibited retail energy suppliers from truthfully marketing their renewable energy products as “green,” “clean,” “100% renewable,” or other similar claims.
“This is a significant win for free speech, consumer choice, and competitive energy markets,” said Chris Ercoli, president and CEO of the Retail Energy Advancement League.
“From the outset, Senate Bill 1 was a far-reaching attempt to limit consumer access to competitive energy choice. Maryland residents were promised consumer protection, but instead got a law that stripped away their choices, forced customers off competitive products, drove suppliers out of the market, and blocked affordable electricity options — only for provisions of that same law to now be ruled unconstitutional.
“Today’s decision by the U.S. Court of Appeals vindicates the First Amendment right of suppliers to accurately sell electricity products to consumers.
“Consumers benefit from energy suppliers providing truthful information —not arbitrary restrictions on how products can be explained, unless they are from government preferred sources. Competitive suppliers play an important role in expanding access to innovative, affordable and renewable energy options, and they must be able to communicate those offerings appropriately.
“We look forward to continuing the fight of ensuring state policies support — not undermine — consumer access to diverse energy options.”
The U.S. Court of Appeals Fourth District ruled that Maryland failed to demonstrate that the terms used to describe energy products are inherently misleading, and deemed that the district court erred in denying the preliminary injunction requested by REAL and Green Mountain Energy Company.
REAL was represented by Wiley Rein LLP during this litigation process. Read Wiley’s press release of this ruling here.
