No. 19-6967

Michael E. Boyd, et al. v. California Public Utilities Commission, et al.

Lower Court: Ninth Circuit
Docketed: 2019-12-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-authority circuit-split commerce-clause conflicting-circuit-authority declaratory-and-injunctive-relief federal-power-act prevailing-party-attorney-fees public-utility-regulatory-policies-act purpa remedies statutory-interpretation
Key Terms:
SocialSecurity FirstAmendment Takings DueProcess JusticiabilityDoctri
Latest Conference: 2020-04-03 (distributed 2 times)
Question Presented (AI Summary)

Whether PURPA provides comprehensive remedies that foreclose 42 U.S.C. §1983 claims

Question Presented (OCR Extract)

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.

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-13
Petitioners complied with order of February 24, 2020.
2020-02-24
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 16, 2020, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-09
Waiver of right of respondent California Public Utilities Commission, et al. to respond filed.
2019-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2020)

Attorneys

California Public Utilities Commission, et al.
Christine Jun HammondCalifornia Public Utilities Commission, Respondent
Christine Jun HammondCalifornia Public Utilities Commission, Respondent
Michael Boyd, et al.
Meir J. WestreichSuite 200, Petitioner
Meir J. WestreichSuite 200, Petitioner