Santa Teresa Citizen Action Group v. State Energy Resources Conservation & Development Commission

Is the statute that grants exclusive jurisdiction to the California Supreme Court to review power plant certification decisions of the State Energy Resources Conservation and Development Commission (the Energy Commission) constitutional? Yes.

In this mandate proceeding, several parties opposed to the construction of a power plant in Santa Clara County sought to overturn a decision by the Energy Commission approving the project, contending the commission’s decision violated their constitutional rights. The superior court concluded the Supreme Court had exclusive jurisdiction to review the Energy Commission’s decision and sustained its demurrer and that of real party in interest Calpine Corporation without leave to amend.

On appeal from the judgment of dismissal, plaintiffs contend that because the Supreme Court summarily denied their petition for a writ of mandate seeking review of the Energy Commission’s decision in that court without reviewing the agency record, the superior court had jurisdiction to review their constitutional challenges to the decision. We disagree and affirm the judgment.

Factual and Procedural Background

In 1999, Calpine applied to the Energy…