UPDATE: The Commission adopted the Proposed OIR at its May 18, 2023 voting meeting and opened Rulemaking 23-05-018.
The California Public Utilities Commission (Commission) has uploaded a proposed Order Instituting...more
Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more
We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...more
On February 3, 2020, Senator Scott Wiener (D-San Francisco) introduced Senate Bill 917 (“SB 917”), which would establish a new process for a potential government takeover of Pacific Gas and Electric Company (“PG&E”)....more
2/7/2020
/ Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Eminent Domain ,
Equipment Failure ,
Governor Newsom ,
Legislative Agendas ,
Natural Disasters ,
PG&E ,
Proposed Legislation ,
Public Benefit Corporation ,
Public Utility ,
State and Local Government ,
Takeovers ,
Wildfires
On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more
8/20/2019
/ CA Supreme Court ,
Inverse Condemnation ,
Municipalities ,
Precedential Opinion ,
Private Property ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Improvement Projects ,
Public Utility ,
Sewer Systems ,
State and Local Government ,
Strict Liability
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more
4/19/2019
/ Comment Period ,
Cost Recovery ,
CPUC ,
Inverse Condemnation ,
Liquidity ,
Property Owners ,
Public Utility ,
Regulatory Takings ,
State and Local Government ,
State Funding ,
Wildfires
Join Nossaman LLP on February 28, 2019 for the first presentation in Nossaman’s 2019 Water Webinar Series, "Preparedness, Relief, and Recovery: Regulatory Developments in Disaster Management for Water Providers."
This...more