California Supreme Court
Jun. 19, 2020
US judge nixes challenge to wildfire fund
PG&E ratepayers who sued Gov. Gavin Newsom, Attorney General Xavier Becerra and the CPUC over the enactment of Assembly Bill 1054’s wildfire fund had their case dismissed Wednesday. U.S. District Judge James Donato noted federal courts lack jurisdiction over a rate-setting matter under the Johnson Act of 1934, which was intended to keep constitutional challenges to government orders affecting rates out of federal courts. But, Donato agreed the ratepayers’ claims aren’t thrown out on the merits and may be pursued in state court instead.
A federal judge in San Francisco dismissed a challenge to the state's wildfire fund, ruling that he had no jurisdiction over a rate-setting matter authorized by a state agency.
Citing the government's sovereign immunity defense and the Johnson Act of 1934, U.S. District Judge James Donato of the Northern District of California said he was barred from presiding over ...
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