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SANTA TERESA CITIZEN ACTION GROUP v. CAL. ENERGY COM.

No. C041090.

130 Cal.Rptr.2d 392 (2003)

105 Cal.App.4th 1441

SANTA TERESA CITIZEN ACTION GROUP et al., Plaintiffs and Appellants, v. CALIFORNIA ENERGY COMMISSION, Defendant and Respondent; Calpine Corporation, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

As Modified February 24, 2003.

Review Denied May 14, 2003.

Attorney(s) appearing for the Case

Law Offices of Stephan C. Volker, Stephan C. Volker, San Francisco, and Eileen M. Rice, for Plaintiffs and Appellants.

William M. Chamberlain, Jonathan Blees, Sacramento, Richard C. Ratliff and Kerry Willis, for Defendant and Respondent.

Ellison, Schneider & Harris, Jeffery D. Harris and Christopher T. Ellison, Sacramento, for Real Party in Interest and Respondent.

ROBIE, J.

Is the statute that grants exclusive jurisdiction to the California Supreme Court to review power plant certification decisions of the State Energy Resources Conservation and Development Commission (the Energy Commission) constitutional? Yes.

In this mandate proceeding, several parties opposed to the construction of a power plant in Santa Clara County sought to overturn a decision by the Energy Commission...

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