Orange County Air Pollution Control District v. Public Utilities Commission

Opinion

PETERS, J.

We are presented in this case with an issue of some importance to urban California: Whether the authority conferred upon the Public Utilities Commission to grant permission to construct and operate privately owned electric generating units supersedes, in cases of conflict, the authority conferred upon an air pollution control district to condition construction of such units upon compliance with district emission controls.

We conclude that neither the commission nor the district has exclusive or paramount authority. Subject to judicial review provided by law, a utility must…