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CALIFORNIANS FOR RENEWABLE ENERGY v. CA PUCO

No. 17-55297.

922 F.3d 929 (2019)

CALIFORNIANS FOR RENEWABLE ENERGY, a California Non-Profit Corporation; Michael E. Boyd; Robert Sarvey, Plaintiffs-Appellants, and Solutions For Utilities, Inc., a California Corporation, Plaintiff, v. CALIFORNIA PUBLIC UTILITIES COMMISSION, an Independent California State Agency; Michael R. Peevey, Timothy Alan Simon, Michael R. Florio, Catherine J.K. Sandoval, Mark J. Ferron, in their individual and official capacities as current Public Utilities Commission of California Members, Defendants-Appellees, and Rachel Chong, John A. Bohn, Dian M. Gruenich, Nancy E. Ryan, in their individual capacities as former Public Utilities Commission of California Members; Southern California Edison Company, a California Corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2019.

Attorney(s) appearing for the Case

Meir J. Westreich (argued), Pasadena, California, for Plaintiffs-Appellants.

Christine Jun Hammond (argued), Arocles Aguilar , California Public Utilities Commission, San Francisco, California, for Defendants-Appellees.

Peter J. Richardson , Gregory M. Adams , Richardson Adams, PLLC, Boise, Idaho; Irion Sanger , Sanger Law, PC, Portland, Oregon; for Amici Curiae Community Renewable Energy Association and Northwest and Intermountain Power Producers Coalition.

Dissent by Judge Nguyen.

OPINION

In 1978, Congress enacted the Public Utility Regulatory Policies Act ("PURPA"). PURPA made several changes to energy regulation, particularly to how utilities would interact with small independent energy producers. PURPA charges the Federal Energy Regulatory Commission ("FERC") with enacting implementing...

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