Legal Opinion
Duke Energy Trading and Marketing, L.L.C. v. Gray Davis, Governor of the State of California, and California Power Exchange Corporation
Court of Appeals for the Ninth Circuit
Decided September 20, 2001No. 01-55770PublishedCited by 111 opinions
1Opinion of the Court
*1045OPINION
O’SCANNLAIN, Circuit Judge.
We must decide whether a wholesale energy supplier is entitled to injunctive relief from orders issued by the Governor of California commandeering its contractual rights to deliver electricity to public utilities within the state.
I
A
The electricity contracts at issue in this appeal are the products of the restructuring of the California electricity market, which commenced with the 1996 passage of Assembly Bill 1890 (“AB 1890”). 1996 Cal. Legis. Serv. 854 (West). AB 1890 called for the creation of the California Power Exchange (“CalPX”), a nonprofit entity that…
2Cases cited23 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
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3Cited by111 opinions
- California ex rel Lockyer v. Dynegy, Inc.Court of Appeals for the Ninth Circuit · 2004
- Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
- Transmission Agency of Northern California v. Sierra Pacific Power Company, Bonneville Power Administration, Pacificorp, and Portland General ElectricCourt of Appeals for the Ninth Circuit · 2002
- United States v. Real Property Located at 475 Martin LaneCourt of Appeals for the Ninth Circuit · 2008
- Janssen v. HarrisCourt of Appeals for the Tenth Circuit · 2003
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