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WINDING CREEK SOLAR LLC v. CA PUCO

No. C 13-04934 RS.

15 F.Supp.3d 965 (2014)

WINDING CREEK SOLAR LLC, Plaintiff, v. CALIFORNIA PUBLIC UTILITIES COMMISSION, Defendants.

United States District Court, San Francisco Division.

Filed February 10, 2014.

Attorney(s) appearing for the Case

Thomas Melone , Michael J. Melone , Allco Renewable Energy, New York, NY, Jamie L. Dupree , Jaime G. Touchstone , Futterman, Dupree, Dodd, Croley, Maier, LLP, San Francisco, CA, for Plaintiff.

Elizabeth Marie McQuillan , Gregory Heiden , Harvey Yale Morris , Luisa Fernanda Elkins , CA Public Utilities Commission, San Francisco, CA, for Defendants.

ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND

RICHARD SEEBORG, United States District Judge

I. INTRODUCTION

Winding Creek Solar LLC ("Winding Creek") is the owner and developer of a planned solar project in Lodi, California. In anticipation of construction,1 Winding Creek sought declaratory and injunctive relief against the California Public Utilities Commission ("CPUC"), claiming that the agency's policies governing...

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