No. 18-1368

San Diego Gas & Electric Company v. California Public Utilities Commission

Lower Court: California
Docketed: 2019-05-01
Status: Denied
Type: Paid
Amici (6)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 14th-amendment 5th-amendment due-process fifth-amendment fourteenth-amendment inverse-condemnation just-compensation public-utility ratepayers strict-liability takings takings-clause
Key Terms:
Takings DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether it is an uncompensated taking for public use in violation of the Fifth and Fourteenth Amendments for a State to impose strict liability for inverse condemnation on a privately owned utility without ensuring that the cost of that liability is spread to the benefitted ratepayers

Question Presented (OCR Extract)

QUESTION PRESENTED Whether it is an uncompensated taking for public use in violation of the Fifth and Fourteenth Amendments for a State to impose strict liability for inverse condemnation on a privately owned utility without ensuring that the cost of that liability is spread to the benefitted ratepayers.

Docket Entries

2019-10-07
Petition DENIED.
2019-10-07
Motion for leave to file amici brief filed by Shareholders in California Investor-Owned Utilities GRANTED.
2019-10-07
Motion for leave to file amicus brief filed by Edison Electric Institute GRANTED.
2019-10-07
Motion for leave to file amicus brief filed by Southern California Edison Company GRANTED.
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-08-13
Reply of petitioner San Diego Gas & Electric Company filed.
2019-07-31
Brief of respondent The Protect Our Communities Foundation in opposition filed.
2019-07-26
Brief of respondent California Public Utilities Commission in opposition filed.
2019-06-11
Motion to extend the time to file a response is granted and the time is extended to and including July 31, 2019, for all respondents.
2019-06-07
Motion to extend the time to file a response from July 1, 2019 to July 31, 2019, submitted to The Clerk.
2019-05-30
Motion for leave to file amicus brief filed by Southern California Edison Company.
2019-05-30
Brief of respondent Ruth Henricks in opposition filed.
2019-05-30
Motion for leave to file amici brief filed by Shareholders in California Investor-Owned Utilities.
2019-05-30
Motion for leave to file amicus brief filed by Edison Electric Institute.
2019-05-30
Waiver of right of respondent Public Utilities Commission of the State of California to respond filed.
2019-05-30
Response Requested. (Due July 1, 2019)
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent The Protect Our Communities Foundation to respond filed.
2019-05-20
Waiver of right of respondent Public Utilities Commission of the State of California to respond filed.
2019-04-30
Petition for a writ of certiorari filed. (Response due May 31, 2019)

Attorneys

Edison Electric Institute
Jeremy Charles MarwellVinson & Elkins LLP, Amicus
Public Utilities Commission of the State of California
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Respondent
Christine Jun HammondCalifornia Public Utilities Commission, Respondent
Ruth Henricks
Michael J. AguirreAguirre & Severson, LLP, Respondent
San Diego Gas & Electric Company
Kathleen Marie SullivanQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
Shareholders in California Investor-Owned Utilities
Ilana Beth GelfmanJones Day, Amicus
Southern California Edison Company
John Charles HuestonHueston Hennigan LLP, Amicus
The Protect Our Communities Foundation
Matthew D. ZinnShute, Mihaly & Weinberger LLP, Respondent
Catherine C. EngbergShute, Mihaly & Weinberger, LLP, Respondent