Tag Archives: Emilio Jaksetic

Solar Panels in Virginia: A Primer

Posted on December 5, 2020 by | 33 comments

by Emilio Jaksetic

Virginia law (Virginia Code, Section 67-701 ) makes it easier for owners to consider installing solar panels on their property by limiting the ability of community associations to prohibit or restrict the installation of solar panels on the owner’s property.  While the statute is likely to encourage the use of solar panels by property owners, there are some things that should be considered by property owners, community associations, and local government officials.

First, community associations in Virginia should get legal advice about the scope and applicability of Section 67-701 before trying to prohibit or restrict an owner from installing a solar panel on the owner’s property.  (The relevant definition of “community association” is provided by Section 67-700.)

Second, owners should not rush to install solar panels on their property, and community associations should not rush to install solar panels on the common areas of their community, without considering the following: Continue reading →

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Posted in Energy, Regulations and Government Oversight

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Herring Is Moonlighting in Election-Law Litigation

Posted on November 6, 2020 by | 74 comments

Mark Herring: busy man or busybody?

by Emilio Jaksetic

This year Attorney General Mark Herring has joined legal filings  in court cases involving election law disputes in six other states. This is strange because legal disputes about the election laws of other states: (1) are not within his jurisdiction or authority, (2) have no legal effect on Virginia or its elections; and (3) set no precedents that can bind or limit a Virginia court interpreting Virginia law.

Under the U.S. Constitution, Article I, Section 4, “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof ….”  And, the election laws pertaining to state and local elections fall under the relevant provisions of each state’s constitution and statutory laws. So, disputes over the election laws of other states have no bearing on Virginia’s election laws. Furthermore, nothing in the Virginia Constitution or the Virginia Code gives Herring any duty or responsibility for getting involved in legal disputes about the election laws of other states.

Nevertheless, press releases from the Office of the Attorney General show that he has joined in the filing of amicus (“friend of the court”) briefs in lawsuits concerning the election laws of the following states: Continue reading →

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Fairfax School Board Should Focus on Schools, Not Environmental Policy

Posted on November 4, 2020 by | 38 comments

Fairfax County Environmental, er, School Board

by Emilio Jaksetic

Not content with running the county’s public school system, the Fairfax County School Board now is involved with developing strategies and recommendations for county environmental policy. The results can be seen in the Final Report of the Oct. 1, 2020, Fairfax County Joint Environmental Task Force (JET).

In April 2019, the JET was established “to identify areas of collaboration between Fairfax County Government and [Fairfax County Public Schools] to further county efforts in energy efficiency and environmental sustainability, developing implementation strategies. and making recommendations to the [Board of Supervisors and School Board].” During the period April 2019-October 2020, five members of the board served as members of JET’s Executive Committee.

The JET was tasked to “provide a forum for informing, advising, collaborating and addressing Countywide issues and aligning institutional policies and practices pertaining to climate change and environmental sustainability through the lens of One Fairfax and to appointing bodies.” Continue reading →

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Posted in Education (K-12), Environment, Governance

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