The UCL Practitioner
Wednesday, June 16, 2004
More on Lockyer's energy lawsuits
An article in yesterday's Daily Journal discusses one of Attorney General Lockyer's pending 17200 suits against several energy companies for overcharing the state during the 2000-2001 energy crisis. The case is now before the Ninth Circuit, where it is facing a tough preemption argument: "The issues hinge on the appellate panel's interpretation of the limits of state immunity, whether the Federal Power Act pre-empts state action and whether FERC failed to follow the law for setting wholesale rates when it switched to a free floating, market-based pricing of energy." An audiofile of the Ninth Circuit oral argument described in the Daily Journal article is available at this link.
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