In Communities for a Better Environment v. Energy
Resources Conservation & Development Commission, the
California First District Court of Appeal recently held that the
State Legislature violated the California Constitution by limiting
the scope of judicial review for California Energy Commission (CEC)
decisions involving power plant siting to the California Supreme
Court. Although the California Constitution gives the Legislature
express authority to limit the scope of judicial review for
California Public Utilities Commission (CPUC) decisions, the court
found there is no similar authority regarding appeals of CEC
decisions.
The Supreme Court has rarely, if ever, agreed to hear CEQA
challenges of CEC power plant decisions. Now, developers seeking to
construct new power plants or modify existing power plants under
the CEC's jurisdiction may see an increase in legal challenges
— including California Environmental Quality Act (CEQA)
challenges — in California's trial
