Courthouse Doors Open for Legal Challenges of California Power Plant Siting Approvals | Holland & Knight LLP
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 therm...