PACIFIC GAS AND ELECTRIC COMPANY, a California corporation; PG & E Corporation, Plaintiffs-Appellees,
v.
People of the State of CALIFORNIA, ex. rel. CALIFORNIA DEPT OF TOXIC SUBSTANCES CONTROL, Central Coast Regional Water Quality Control Board, Colorado River Basin Regional Water Quality Control Board, State Water Resources Control Board, Lahontan Regional Water Quality Board, Central Valley Regional Water Quality Control Board, San Francisco Bay Regional Water Quality Control Board, North Coast Regional Quality Control Board, California Dept Fish and Game, California Dept of Forestry and Fire Protection, California Dept Water Resources, California Environmental Protection Agency, California Highway Patrol, California Dept of Education, Bay Conservation Development Commission, Resources Agency, State Lands Commission, California Dept of Parks and Recreation, California Dept General Services, California Coastal Commission; People of the State of California, ex. rel. California Dept Transportation; City and County of San Francisco; California Hydropower Reform Coalition; California Public Utilities Commission, Defendants-Appellants, and
City of Redwood City; California Counties of Alameda, Fresno, Kern, Sacramento, San Luis Obispo, Santa Barbara, Santa Clara, Siskiyou, Sonoma, and the City and County of San Francisco; United States of America, on behalf of the U.S. Environmental Protection Agency; Official Committee of Unsecured Creditors, Defendants.
People of the State of California, ex. rel. California Dept Transportation; City and County of San Francisco; California Hydropower Reform Coalition; California Public Utilities Commission, Petitioners,
v.
Pacific Gas and Electric Company, a California corporation, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 14, 2003.
Filed November 19, 2003.
As Amended December 9, 2003.
Attorney(s) appearing for the Case
James L. Lopes, Amy E. Margolin, Howard, Rice, Nemerovski, Canady, Falk and Rabkin, Stephen L. Johnson, United States Department of Justice, San Francisco, California; Laurence H. Tribe, Harvard University Law School, Cambridge, Massachusetts; Michael Kessler, Weil, Gotshall and Manges, New York, New York; Alan Shore Gover, Dewey Ballantine, Houston, Texas, Stephen L. Johnson, United States Department of Justice, San Francisco, California, for plaintiff-appellee/respondent Pacific Gas and Electric.
Thomas Greene, Margarita Padilla, Office of the Attorney General, Oakland, California; Steven H. Felderstein, Paul J. Pascuzzi, Felderstein Fitzgerald Willoughby, Sacramento, California; Bruce A. Behrens, California Department of Transportation, San Francisco, California; Theresa L. Mueller, D. Cameron Baker, San Francisco City Attorney's Office, San Francisco, California; Richard Roos-Collins, Natural Heritage Institute, Berkeley, California; Charlton H. Bonham, Trout Unlimited, Albany, California; Alan W. Kornberg, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York; Arocles Aguilar, Gary M. Cohen, Public Utilities Commission of the State of California, San Francisco, California, for defendants-appellants/petitioners State of California, et al.
Robert D. McCallum, Jr., Assistant Attorney General, Kevin V. Ryan, United States Attorney, William Kanter, Jeffrey Clair (argued), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Jonathan V. Holtzman, Renne & Holtzman, San Francisco, California; Mary H. Williams, State of Oregon Justice Department, Salem, Oregon, for amici curiae.
Before: MICHAEL DALY HAWKINS, WILLIAM A. FLETCHER, Circuit Judges, and SAMUEL P. KING, Senior Judge.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted May 14, 2003 — San Francisco, California.
OPINION
WILLIAM A. FLETCHER, Circuit Judge:
The issue presented in this interlocutory appeal is the extent to which a reorganization plan proposed under 11 U.S.C. § 1123(a)(5) preempts otherwise applicable nonbankruptcy law. Section 1123(a) was enacted as part of the Bankruptcy Code in 1978. That section specifies what must be included in a reorganization plan under Chapter...
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