San Diego Gas & Electric Co. v. City of Carlsbad

In this declaratory relief action, the trial court granted summary judgment to plaintiff and respondent San Diego Gas & Electric Co. (SDG&E) and against defendants and appellants the City of Carlsbad and its officials (City), on the ground that City’s effort to regulate, by way of City’s floodplain management regulations (Carlsbad Mun. Code (CMC), ch. 21.110 et seq.), the deposit of sand dredged from a lagoon adjacent to SDG&E’s power plant upon state beaches within the city limits, was invalid as preempted by the constitutional and statutory scheme applicable to the State Public Utilities Commission (PUC). (Cal. Const., art. XII, § 8; Pub. Util. Code, § 701 et seq.)

City appeals, contending it should have concurrent jurisdiction with the PUC over disposition of the spoils of SDG&E’s dredging operation because (1) the PUC has not taken any action to regulate this specific activity, (2) disposal of sand produced by dredging should not be considered to be an essential utility facility or activity which would be clearly subject to PUC control, and/or (3) general police power allows such health and safety regulation. Applying standard rules for determining if state law…