The UCL Practitioner
Wednesday, July 07, 2004
Ninth Circuit affirms dismissal of Lockyer's UCL action against energy companies
Yesterday, the Ninth Circuit affirmed the dismissal of one of Attorney General Bill Lockyer's UCL actions against the energy companies. California v. Dynegy, Inc., ___ F.3d ___ (9th Cir. Jul. 6, 2004). The case was originally filed in state court but removed to the Northern District of California, which refused to remand it, then dismissed it. The Ninth Circuit determined (among other things) that the UCL claim "represented a naked attempt to enforce" certain federal energy regulations that were subject to the federal courts' exclusive jurisdiction, and that the UCL claim was preempted by federal law. Today's Daily Journal has this report: "9th Circuit Tosses State Energy Lawsuits." And Today's Recorder reports: "9th Circuit Tosses State Suits Against Power Companies."
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