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Retail Energy Choice Advocates Win Free Speech, Renewable Energy Battle over Maryland Legislation Harming Consumer Options

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. 

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Energy News

Energy Reform Gains Ground as Missouri Lawmakers Target Utility Monopoly, Advocate for Consumer Options 

Lawmakers and advocates rally at Missouri Capitol for energy choice legislation, testify at a Senate hearing as consumers grapple with costly electric bills 

 JEFFERSON CITY (March 31, 2026) –– As electric rates continue to rise for Missourians, momentum continues to build in Jefferson City for a solution that will give consumers the power to hold electric utility companies accountable. At a press conference Tuesday, competitive energy market advocates and the sponsors of three legislative bills to break up the utility monopoly model addressed the growing support to establish an energy market that gives consumers the ability to shop for their electric supply –– forcing utilities and other suppliers to compete for the business of consumers. 

Three Missouri lawmakers have introduced legislation to restructure the state’s utility energy structure, establishing a competitive market for consumers to benefit from. Those bills are: 

● Senate Bill 1411 – Sponsored by Sen. Nick Schrorer (St. Charles County) 

● House Bill 2207 – Sponsored by Rep. Don Mayhew (Miller and Pulaski Counties) 

● House Bill 2233 – Sponsored by Rep. Tricia Byrnes (St. Charles County) 

“Utilities are the only service in Missouri where we have legalized monopolies,” said Sen. Nick Schroer, sponsor of Senate Bill 1411. “Missourians deserve the right to hold utility companies accountable and the freedom to choose which company they want to buy electricity from. As state leaders, we must put the power in the hands of the people by giving them options and forcing utilities to compete for the business of consumers.” 

“This is a peace of mind solution that puts consumers first,” said Angela Viviano of O’Fallon. Viviano lives in Sen. Schroer’s district and is grateful for his leadership, as well as the House bill sponsors, in addressing energy affordability in Missouri. “Missouri families like mine make so many sacrifices, and I’m advocating for them and other families to have the chance to seek better rates and hold utilities accountable.” 

Organizations participating in the press conference included: My Energy Choice, Americans for Prosperity-Missouri, MO Tax Relief Now, and Missouri Industrial Energy Consumers. Leaders of these advocacy groups served as a voice for Missourians who want free-markets, lower costs, and economic growth. They shared consumer cost concerns under the current utility structure, and applauded lawmakers for standing up for their constituents by advocating for a competitive energy market. 

“Missourians are seeing their electric bills rise year after year, with no ability to shop for better options. Meanwhile, utilities are asking for more projects and more spending — all backed by guaranteed returns paid by ratepayers,” said Camellia Peterson, legislative director for Americans for Prosperity-Missouri. “This legislation is a step toward energy freedom, giving families and businesses real choices and helping bring long-overdue cost discipline to the system.” 

“Two dozen states in the country offer some form of competition, and more are considering restructuring their energy market because of the unstable energy market monopolized by electric utilities,” said Chris Ercoli, president and CEO of the Retail Energy Advancement League. “All consumers, large and small, deserve the right to have energy options and be able to choose an energy product and price that works best for them and their budgets.” 

Following Tuesday’s press conference, consumer groups, large energy users, policy institutes, energy companies and others testified in favor of Senate Bill 1411 during a hearing before the Senate Commerce, Consumer Protection, Energy & the Environment Committee as the bill continues to move through the legislative process. 

“Utilities can now bill for billion-dollar power plants before a shovel ever hits the ground — printing themselves sky-high guaranteed profits — while families are left wondering if they can even afford to keep the lights on,” said Rep. Don Mayhew, sponsor of House Bill 2207. “That’s not a free market. That’s a government-protected monopoly, and it’s costing families and businesses more every month.” 

“My constituents are fed up with high electricity costs and no choices,” said Rep. Tricia Byrnes, sponsor of House Bill 2233. “Families are opening their electric bills and wondering how they’re going to afford them. Small businesses are trying to stay afloat while their costs keep climbing. And right now, they have no other option.” 

House Bills 2207 and 2233 have been referred to the House General Laws Committee. A hearing for the House bills is scheduled for Tuesday afternoon where advocates are slated to testify in favor of the bills. 

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Energy News

Energy Advocates Commend IURC for Investigating Electricity Affordability Concerns

INDIANAPOLIS, IN (March 24, 2026) –– The Retail Energy Advancement League (REAL) has issued the following statement in response to the Indiana Utility Regulatory Commission opening an investigation into energy affordability for Indiana ratepayers. The following statement can be attributed to Chris Ercoli, president and CEO of the Retail Energy Advancement League.

The Indiana Utility Regulatory Commission (IURC) is taking a commendable approach to conduct their own investigation in search of solutions for more affordable energy. It’s an objective set by legislators and regulators across the country. The best way to achieve that objective is by reducing infrastructure costs that are paid by ratepayers.

In Indiana’s current energy structure, ratepayers bear the risks and costs ––plus guaranteed profits for shareholders –– when utilities build new infrastructure projects, such as power plants. Indiana is in need of new power generation to be built, as electricity demand increases and outdated power plants are retired, forcing all ratepayers to pay more in their electric bills to cover those costs.

For example, one 700 megawatt natural gas plant will cost at least $800 million dollars. Indiana utilities project they will need new generation that is the equivalent of nearly two dozen natural gas plants to meet projected demand by 2035.

Indiana power bills were already increasing during the ‘flat load era,’ with minimal new power generation built. From 2008 to 2024, the price performance of Indiana’s electricity has increased 60%, ranking the state seventh worst in the country for price percentage change during that time. The cost of electricity increased 46% alone for industrial consumers during those same years, whereas similar industrial consumers in neighboring Illinois, Ohio and Michigan only saw rates increase by 15-25%. The difference in energy policies is benefiting consumers in neighboring states.

As the IURC diligently investigates energy affordability, we encourage the Commission to consider ways that relieve demand on utilities –– creating a reduction in infrastructure projects paid for by ratepayers –– and explore how to attract private investment that can support Indiana’s rapidly growing energy demand.

The Retail Energy Advancement League recommends that Indiana update policies and regulations to allow large energy users to procure their own electricity –– a buy your own power model –– to alleviate strain on utilities, limiting the need for new and costly ratepayer funded power generation.

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