Pennsylvania Smart Meter Court Case Advances to SCOTUS (Supreme Court of the United States)
Amicus Briefs Time
On November 16, 2025 we reported, Pennsylvania Smart Meter Battle Heads to SCOTUS – Seeking Legal Support
“At its core, it challenges whether state utility commissions may override federal and state statutes requiring customer request for advanced metering devices, by substituting “opt‑out” presumptions that effectively eliminate consent.
As I’ve often asked: How can one opt out if they never opted in?
Our legal argument is grounded in federal law (PURPA, EPAct, EISA) and Pennsylvania’s Electricity Generation Customer Choice and Competition Act, a.k.a, Act 129 (§§ 2801 and § 2807(f)(1), (2)(i) and (3)).
These laws clearly state that smart meters are to be installed upon customer request, not by corporate assumption. Yet regulators have created a de facto framework that undermines these protections, resulting in unequal treatment of customers across state lines.”
Pennsylvania’s Smart Meter Policy
As a reminder, Pennsylvania has the most draconian state-wide smart meter policy in the country. In a post regarding state opt out policies updated in 2019, the pro-industry/pro-deployment National Conference of State Legislatures explained,
Court Case Update Courtesy Pennsylvania community:
Biggest point at this juncture is the clock for Amicus Briefs has started.
Amicus briefs hold weight as to moving on to Merit. Amicus should explain other people’s stories and state why our Petition should proceed to the Merit phase.
Please note that only a SCOTUS-bar attorney can file amicus briefs. I have a gentleman in mind but he has not yet committed; so, if anyone is a SCOTUS-bar attorney or has one, then they can easily submit.
I believe that it is important we fight against the erosion of our constitutional, civil, and consumer rights. Hopefully, the reward of success will outweigh the pain of personal exposure. If anyone against forced installations feels the same, please ask that they consider writing an amicus brief or sharing the information with others who may feel the same and would like to submit an amicus.
Link to the brief
We will post more information about this lawsuit and supportive actions that can be taken as it becomes available.
Intention is energy, please start envisioning the right information being placed before the right decision makers, because this is a devastatingly wrong technology choice and mandate.
Other Pennsylvania Smart Meter News
Pennsylvania Smart Meters: Recent Strategies, Handouts. and Whistleblowing... a Rep’s Wife’s EMF/RF/SM Injury In the state described as the most draconian -by law
“The consequences of this perversion of legislative intent are not theoretical. They are real, affecting every Pennsylvania family - including mine.” - Former Pennsylvania House of Representatives Member Yewcic
See Also Children’s Health Defense: Pennsylvania Woman Scores Temporary Win Against Smart Meter Mandate
A Pennsylvania woman with a disability aggravated by wireless radiation from smart meters won a temporary court ruling allowing her to keep using a mechanical meter to avoid exposure. The judge also ordered her electric company to continue providing power to her home while her lawsuit challenging Pennsylvania’s smart meter mandate proceeds.
Pennsylvania activists have also investigated how much utility lobbying money is flowing through the state:
In case you missed other state’s recent smart meter news:
Smart Meters: Congratulations to Informed Ratepayers in California Who Defeated AB710 (CA smart meter mandate) Thanks to many who contributed
Power Companies That Paid No Taxes
PUCO Faces Growing Criticism for Apparent Obstruction of Consumer Complaints Against FirstEnergy Smart Meter Rollout (Ohio Register)
Thanks for all you do.
sorry when I mailed this to subscribers i forgot the link to the case....in my next mailing I will include it again
further clarification from a colleague:
"I used AI which explains there can be two stages for amici, though amicus briefs at this preliminary stage are less common; personally I think it would be useful if you have an excellent author(s). I did not know about the motion to dismiss opportunity. My guess is it will be taken. This should be interesting.
The case being “docketed” means the petition is formally filed and is in the Supreme Court’s system at the certiorari stage.
There is indeed an open window now for cert‑stage amicus briefs; amici are not limited to the post‑grant merits phase.
The respondent can file opposition and possibly a motion to dismiss at this stage."