Hearing Out Voices Of The Wetlands

Law360, New York (February 6, 2012, 1:46 PM EST) -- The California Energy Commission (CEC) has exclusive authority to "certify" the construction or major modification of any thermal power plant in California with a generating capacity of 50 megawatts or greater.[1] The CEC’s jurisdiction preempts all state, regional or local permits that would otherwise apply. A CEC final decision to certify a thermal power plant can only be judicially challenged in the California Supreme Court.[2]

Nevertheless, in Voices of the Wetlands v. California State Water Resources Control Board, the California Supreme Court held that the CEC’s...
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