Communities for Better Environment v. State Energy Resources Conservation and Development Commission

The Energy Resources Conservation and Development Commission is exclusively empowered to license thermal power plants of over 50 megawatts capacity, Pub. Resources Code 25120, 25500, 25517; it possesses “the exclusive power to certify all sites and related facilities in the state, whether a new site and related facility or a change or addition to an existing facility” and “[t]he issuance of a certificate by the commission shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law.” Commission decisions on any application for certification are subject to judicial review by the Supreme Court of California; the Commission’s factual findings are not subject to review. Communities for a Better Environment's challenge to the judicial review provisions as facially unconstitutional was dismissed on ripeness grounds. The court of appeal reversed. The constitutional challenge is not dependent on the facts of any particular Commission proceeding. Communities has appeared in certification proceedings, is presently participating, and has stated it intends to continue to participate, creating a reasonable expectation that any wrong done by the application of the provisions will be repeated. “[W]e do not have to guess” how the statute will be interpreted moving forward. View "Communities for Better Environment v. State Energy Resources Conservation and Development Commission" on Justia Law