Highlights
The California Court of Appeal for the First Appellate District has struck down a state law that limited judicial review of California Energy Commission (CEC) thermal power plants siting approvals to the California Supreme Court, ruling that it impermissibly divested superior courts and courts of appeal of original jurisdiction to review challenges to CEC approvals.
Because the California Supreme Court rarely reviews CEC siting approvals, applicants and project opponents have historically shared a de facto lack of access to the courts to challenge CEC decisions.
Proponents of thermal power plants in California should be aware of this landmark decision, as it may lead to an influx of challenges to CEC approvals in superior courts, but may also provide leverage for applicants to counter unjustified conditions of approval sometimes imposed by CEC on new power plant projects.