PACIFIC LEGAL FOUNDATION v. STATE ENERGY RESOURCES

Civ. No. 78-711-E.

472 F.Supp. 191 (1979)

PACIFIC LEGAL FOUNDATION, a nonprofit California Corporation, the San Diego Coalition, a nonprofit California Corporation, San Diego Section of the American Nuclear Society, a New York Corporation, San Diego County Building and Construction Trades Council, a labor organization, and Robert C. Thornberry, an individual, Plaintiffs, v. STATE ENERGY RESOURCES CONSERVATION & DEVELOPMENT COMMISSION, a state agency, Richard L. Maullin, Chairman, and Commissioners Emilio E. Varanini, III, Arland D. Pasternak, C. Suzanne Reed, and Ronald D. Doctor, Defendants. Natural Resources Defense Council, Inc., The Sierra Club; Environmental Defense Fund; Californians for Nuclear Safeguards, Defendants-Intervenors.

United States District Court, S. D. California.

March 6, 1979.


Attorney(s) appearing for the Case

Ronald A. Zumbrun, Raymond M. Momboisse, Robin L. Rivett, Pacific Legal Foundation, Sacramento, Cal., for plaintiffs.

Richard M. Mosk, Marilyn E. Levine, Mitchell, Silberberg & Knupp, Los Angeles, Cal., William M. Chamberlain, Gen. Counsel, Mark J. Urban, Kathryn Burkett Dickson, Deputy Gen. Counsel, Calif. Energy Resources Conservation and Development Commission, Sacramento, Cal., Antonio Rossman, Sp. Counsel, San Francisco, Cal., for defendants.

Roger Beers, Kenneth A. Manaster, Paul C. Valentine, Palo Alto, Cal., for Natural Resources Defense Council.

David E. Pesonen, San Francisco, Cal., for Californians for Nuclear Safeguards.

Laurens H. Silver, William S. Curtiss, San Francisco, Cal., for the Sierra Club.

David B. Roe, Berkeley, Cal., for Environmental Defense Fund.


MEMORANDUM DECISION

ENRIGHT, District Judge.

This case involves a challenge to the constitutionality of three sections of the California Public Resources Code: sections 25524.1, 25524.2 and 25524.3. Plaintiffs contend that these sections, which impose certain requirements on the certification of nuclear fission thermal power plants in this state, invade a field of regulation which has been preempted by the federal government. Specifically, plaintiffs assert...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases