Cmtys. for a Better Env't v. State Energy Res. Conservation & Dev. Comm'n

227 Cal. Rptr. 3d 486, 19 Cal. App. 5th 725
California Court of Appeal, 5th District·Decided December 22, 2017·No. A141299·Published·Cited by 10 cases

Opinion

KENNEDY, J.*

*728The State Energy Resources Conservation and Development Commission (Energy Commission) is the state agency exclusively empowered to license thermal power plants of over 50 megawatts capacity. ( Pub. Resources Code, §§ 25120, 25500, 25517 ; see County of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364-365, 220 Cal.Rptr. 114, 708 P.2d 693 ( Sonoma ).)1 Indeed, pursuant to section 25500, the Energy Commission 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, for such use of the site and related facilities ...." Subdivision (a) of section 25531 provides *489that Energy Commission decisions "on any application for certification of a site and related facility are subject to judicial review by the Supreme Court of California." Moreover, subdivision (b) of section 25531 circumscribes the scope of Supreme Court review in such matters by mandating that Energy Commission factual findings "are final and are not subject to review ...." Appellants Communities for a Better Environment and Center for Biological Diversity (collectively Communities or appellants) filed the instant action in Alameda County Superior Court seeking a declaration that both subdivisions of section 25531 are unconstitutional on their face. The trial court, however, sustained demurrers to Communities' complaint, without leave to amend, on the ground that the issues involved were not ripe for judicial resolution. As a result, the trial court dismissed the matter with prejudice. Communities now challenges this dismissal on several grounds, including the trial court's ripeness determination. Because we disagree with the trial court's conclusion that this matter is not currently ripe for review, we reverse. *729I. BACKGROUND

According to the allegations in Communities' complaint for declaratory and injunctive relief (Complaint),2 both appellants are nonprofit organizations involved in environmental protection issues throughout California. Appellants have "participated in" and "participated as a party in" a number of specified siting proceedings before the Energy Commission in the past, are currently participating in specified ongoing certification proceedings, and intend to continue participating in such proceedings in the future. Appellants assert that they "have a constitutional right to, and a beneficial interest in, judicial review of Energy Commission certifications in the lower courts under a scope of review that assesses whether the decision was supported by the facts." Appellants state their constitutional rights are essential to fulfillment of their respective missions, and the injury caused by denial of these rights-their inability to seek review in the lower courts and to challenge the Energy Commission's factual findings-can only be remedied through judicial intervention. Specifically, they claim that section 25531 is unconstitutional under article VI, section 10 of the California Constitution, "which provides original, non-exclusive jurisdiction over mandamus proceedings to the superior courts, courts of appeal, and Supreme Court alike." Appellants also contend that section 25531 violates the constitutional separation of powers doctrine by improperly limiting the power of the judiciary to assess the factual findings underlying Energy Commission licensing decisions.

The Complaint details the history of judicial review for Energy Commission certification decisions. When the Energy Commission was established in 1974 by the Warren-Alquist State Energy Resources Conservation and Development Act (Act), power plants had to obtain both a certification from the Energy Commission and a Certificate of Public Convenience and Necessity from the California Public Utilities Commission (PUC). At that time, the Act required that judicial review of an Energy Commission certification be conducted in the same manner as judicial review of the related PUC-issued certificate. Between 1974 and 1996, such PUC decisions were reviewable solely in the Supreme Court, and thus Energy Commission siting decisions *490were similarly subject to judicial review only by the high court. (See generally Sonoma , supra , 40 Cal.3d at pp. 363-367, 220 Cal.Rptr. 114, 708 P.2d 693.)

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Cmtys. for a Better Env't v. State Energy Res. Conservation & Dev. Comm'n, 227 Cal. Rptr. 3d 486, 19 Cal. App. 5th 725 (Cal. Ct. App. 2017).

227 Cal. Rptr. 3d 486 (Cmtys. for a Better Env't v. State Energy Res. Conservation & Dev. Comm'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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