Michael E. Boyd, et al. v. California Public Utilities Commission, et al.
SocialSecurity FirstAmendment Takings DueProcess JusticiabilityDoctri
Whether PURPA provides comprehensive remedies that foreclose 42 U.S.C. §1983 claims
QUESTIONS PRESENTED 1. There is an important issue of law as to the scope of the remedies available for violations of the Public Utility Regulatory Policies Act [“PURPA”], 16 U.S.C. §824, et seg., which amended the Federal Power Act [“FPA”], 16 U.S.C. §791, et seq., which were each adopted by Congress under the Commerce Clause of the United States Constitution, including prevailing party attorney fees, and/or whether there are any such remedies beyond declaratory and injunctive relief for such violations; and/or the need to synthesize conflicting circuit authority. 2. There is an important issue of law as to the definition of “comprehensive remedies” under federal statutory schemes, in the context of whether 42 U.S.C. §1983 remedies are available for violations under federal statutes — e.g. in connection with PURPA ~ and the implied Congressional intent therein to foreclose 42 U.S.C. §1983 remedies for such statutory violations; and/or the need to synthesize conflicting circuit authority.