News & Analysis as of

CA Supreme Court Public Utilities Commission

Best Best & Krieger LLP

CA Supreme Court Scales Back Judicial Deference for CPUC Decisions

On August 7, 2025, the California Supreme Court (the Court) issued Opinion S283614 in the case Center For Biological Diversity, Inc. v. Public Utilities Commission regarding the degree of deference that courts should afford...more

Downey Brand LLP

California Supreme Court Overrules Chevron-like Deference For Review of Decisions of California Public Utilities Commission

Downey Brand LLP on

On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more

Davis Wright Tremaine LLP

California Supreme Court Dials Back Deference for Review of California Public Utilities Commission Decisions

In a recent decision, Center for Biological Diversity, Inc. v. Public Utilities Commission, the California Supreme Court unanimously rejected the "uniquely deferential" standard of review previously given to California Public...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Incommodes Wireless Access to Rights of Way

Amidst the ongoing power struggle between communications service providers striving for unfettered access to rights-of-way to place their facilities, and municipalities working to protect their authority over such...more

Allen Matkins

Sustainable Development and Land Use Update - August 2019 #4

Allen Matkins on

Focus - California Supreme Court reinforces CEQA’s definition of a project - Allen Matkins – August 26 - In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court considered the...more

Stoel Rives - Environmental Law Blog

Exclusive Jurisdiction by the California Supreme Court Over Judicial Review of Thermal Power Plant Licenses Held Unconstitutional

The Alameda Superior Court recently declared portions of the Warren-Alquist Act unconstitutional in Communities for a Better Environment v. Energy Resources Conservation and Development Commission (CBE v. Energy Commission)....more

Allen Matkins

California Supreme Court Upholds Validity of Local Aesthetic Regulation of Telecommunications Infrastructure

Allen Matkins on

Local governments may require a permit conditioned on compatibility with aesthetic standards to install and maintain wireless communications infrastructure in the public right-of-way, the California Supreme Court held in...more

Allen Matkins

How A Train Wreck Changed The Constitution

Allen Matkins on

In the early morning of October 3, 1970 on rural road just outside San Jose, 61-year old Engineer Anthony Gassell was at the controls of his Southern Pacific locomotive as it headed northwest. At the same time, 24-year old...more

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