CANNARA v. NEMETH

No. 20-16202.

21 F.4th 1169 (2021)

Alex CANNARA, an individual; Gene A. Nelson, an individual, Plaintiffs-Appellants, v. Karla NEMETH, California Department of Water Resources Director; Marybel Batjer, California Public Utilities Commission President; Liane Randolph, California Public Utilities Commissioner; Martha Guzman Aceves, California Public Utilities Commissioner; Clifford Rechtschaffen, California Public Utilities Commissioner; Genevieve Shiroma, California Public Utilities Commissioner; Keely Bosler, California Department of Finance Director; Betty Yee, California State Controller; Fiona Ma, California State Treasurer; California Department of Water Resources; California Public Utilities Commission; California Department of Finance, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2021.


Attorney(s) appearing for the Case

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

Gabrielle D. Boutin (argued), Deputy Attorney General; Benjamin M. Glickman , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the Attorney General of California, Sacramento, California; for Defendants-Appellees Karla Nemeth, California Department of Water Resources Director, Keely Bosler, California Department of Finance Director; Betty Yee, California State Controller; Fiona Ma, California State Treasurer; California Department of Finance, and the California Department of Water Resources.

Christofer C. Nolan (argued), Arocles Aguilar , Christine J. Hammond , and Inna Vinogradov , California Public Utilities Commission, San Francisco, for Defendants-Appellees California Public Utilities Commission, Marybel Batjer, California Public Utilities Commission President, and California Public Utilities Commissioners Liane Randolph, Martha Guzman Aceves, Clifford Rechtschaffen, and Genevieve Shiroma.

Before: Mary H. Murguia, Chief Judge, and Ryan D. Nelson and Danielle J. Forrest, Circuit Judges.


OPINION

The question presented is whether the Johnson Act, 28 U.S.C. § 1342, which bars federal courts from exercising jurisdiction over disputes concerning state public utility rate-making orders, deprives the court of subject matter jurisdiction over the Plaintiff ratepayers' challenge to California Assembly...

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