Tag Archives: Public Utilities

Governor Brown Signs SB 901, Addressing Wildfire Cost Recovery, But Ignoring Inverse Condemnation Liability

On August 31, 2018, the California Legislature passed Senate Bill (“SB”) 901, which addresses a number of wildfire-related items relating to public utilities.  Governor Brown signed the Bill into law on September 21, 2018. While the bill introduces a series of new changes, it is particularly noteworthy for what it does not include from Governor … Continue Reading

Court of Appeal Confirms that Private Utilities Can be Liable for Inverse Condemnation, and Held to the Same Standard as Public Utilities

On August 30, 2012, the Second Appellate District of the California Court of Appeal held that a privately owned utility could be subject to strict liability for inverse condemnation, thereby concurring with a similar holding previously reached out of the Fourth Appellate District. A typical inverse condemnation action is initiated when a property owner files a complaint essentially asserting that a government agency is trying … Continue Reading

Power Struggle Developing Over Who Can Sell Power

One of the oddities of California’s public utility system is that private companies own and operate many of them, yet they behave very much like governmental entities, especially when it comes to eminent domain.  Major examples include Southern California Edison and Pacific Gas & Electric ("PG&E"); both are private companies functioning as public utilities, delivering electricity to … Continue Reading
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