Calif. Law Limiting Review Of Gas Power Plants Struck Down

Law360 (November 23, 2020, 8:08 PM EST) -- A California law unconstitutionally limited court review of where natural gas-fired and thermal power plants can be located to only the state's Supreme Court, a state appeals court ruled Friday.

The three-judge panel held that the California Supreme Court doesn't have original jurisdiction over licenses issued by the Energy Resources Conservation and Development Commission for gas-fired and thermal plants, despite the state Legislature's passing of codes denying that jurisdiction to state superior courts.

The decision marks a win after roughly seven years of litigation by the Center for Biological Diversity and Communities for Better Environment, which argued the jurisdictional laws effectively...

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