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CITY OF SAN JUAN CAPISTRANO v. CALIFORNIA PUC

No. 17-56693.

937 F.3d 1278 (2019)

CITY OF SAN JUAN CAPISTRANO, a California municipal corporation, Plaintiff-Appellant, v. CALIFORNIA PUBLIC UTILITIES COMMISSION, a California state agency, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2019.

Attorney(s) appearing for the Case

Michael J. Aguirre (argued) and Maria C. Severson , Aguirre & Severson LLP, San Diego, California, for Plaintiff-Appellant.

Christofer Charles Nolan (argued), Arocles Aguilar , Jonathan C. Koltz , and Marcelo Poirier , California Public Utilities Commission, San Francisco, California, for Defendant-Appellee.

Peder K. Batalden (argued), Mitchell C. Tilner , and Bradley S. Pauley , Horvitz & Levy LLP, Burbank, California; Michael J. Perez and Jeffrey A. Feasby , Perez Vaughn & Feasby Inc., San Diego, California; for Amicus Curiae San Diego Gas & Electric Company.

Concurrence by Judge R. Nelson

OPINION

The City of San Juan Capistrano contends the California Public Utility Commission's approval of an electrical grid project violates the City's due process rights. Following City of South Lake Tahoe v. California Tahoe Regional Planning Agency and its progeny, we hold the City cannot challenge the...

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