Legal Opinion · Concurrence

Verizon California Inc. v. Peevey

Court of Appeals for the Ninth Circuit

Decided July 6, 2005No. 04-15155Published

1ConcurrenceBea, Circuit Judge

Although I join in the majority’s holding and its conclusion that Verizon’s claims are ripe for judicial review, I do not find its distinction of US West Communications v. MFS Intelenet, 193 F.3d 1112 (9th Cir.1999), to be compelling. I nevertheless find US West to be distinguishable on a different basis, and take this opportunity to articulate that basis and also to respond to the many arguments advanced by the CPUC and intervenors in support of their view that Verizon’s claims are not ripe for judicial review even independent of US West.

I. US West Communications v. MFS Intelenet, Inc.

The…

2Cases cited37 opinions

Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
Mistretta v. United StatesSupreme Court of the United States · 1989
Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002
Sampson v. MurraySupreme Court of the United States · 1974
The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967

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