Legal Opinion

Winding Creek Solar LLC v. Peevey

District Court, N.D. California

Decided December 6, 2017No. Case No. 13–cv–04934–JDPublishedCited by 17 opinions

1Opinion of the Court

JAMES DONATO, United States District Judge

Plaintiff Winding Creek Solar LLC has sued the Commissioners of the California Public Utilities Commission ("CPUC") for a declaration that three CPUC orders conflict with federal law and consequently violate the Supremacy Clause of the United States Constitution. The CPUC orders set up a procurement program called "Re-MAT" (short for "Renewable Market-Adjusting Tariff"), and regulate the terms on which utility companies like the Pacific Gas and Electric Company ("PG & E") must purchase power from alternative energy power production facilities like…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Nissan Fire & Marine Insurance Company, Ltd v. Fritz Companies, Inc.Court of Appeals for the Ninth Circuit · 2000
  4. Keenan v. AllanCourt of Appeals for the Ninth Circuit · 1996
  5. Federal Energy Regulatory Commission v. MississippiSupreme Court of the United States · 1982

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3Cited by17 opinions

  1. Bear Gulch Solar, LLC v. Mont. Pub. Serv. Comm'nDistrict Court, D. Montana · 2018
  2. Abdul-Haqq v. Permanente Medical Group, Inc.District Court, N.D. California · 2022
  3. Abdul-Haqq v. Permanente Medical Group, Inc.District Court, N.D. California · 2022
  4. Allco Finance Limited v. RoismanDistrict Court, D. Vermont · 2022
  5. Arnold v. DMG MORI USA, Inc.District Court, N.D. California · 2021

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