DESERT ENVIRONMENT CONSER. ASSN. v. Public Util. Com.

California Supreme Court Jan 26, 1973 No. S.F. 22898Published

Before: Mosk

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Holding. The court held that the petition for a writ of mandate was premature because the legislature delegated the responsibility for establishing procedures for environmental impact reports to administrative agencies, and the commission had indicated it would adopt such regulations.

Issues

Whether the Public Utilities Commission must prepare an environmental impact statement before holding a hearing on an application for a certificate of public convenience and necessity.
Whether the court should compel the commission to adopt a specific procedure for environmental impact reports prior to the commission's own rulemaking process.

Disposition. denied

Quotations verified verbatim against the opinion

“the Legislature has clearly provided that administrative agencies, rather than the judiciary, have primary responsibility for adjusting administrative procedures to respond to the environmental concerns articulated in the act.”

“Whatever the significance of the issue petitioners seek to raise, we conclude that its prematurity forecloses a determination on the merits.”

8 Cal.3d 739 (1973) 505 P.2d 223 106 Cal. Rptr. 31 DESERT ENVIRONMENT CONSERVATION ASSOCIATION et al., Petitioners,

PUBLIC UTILITIES COMMISSION, Respondent; SOUTHERN CALIFORNIA EDISON COMPANY, Real Party in Interest.

Docket No. S.F. 22898. Supreme Court of California. In Bank.

January 26, 1973. [740] COUNSEL

John R. Phillips, Carlyle W. Hall, Jr., Brent N. Rushforth, Fredric P. Sutherland, Gregg William Hornaday, Leroy A. Simmons and Hornaday & Simmons for Petitioners.

Evelle J. Younger, Attorney General, Larry C. King, C. Foster Knight, Nicholas C. Yost and Norman N. Flette, Deputy Attorneys General, as Amici Curiae on behalf of Petitioners.

John P. Mathis, Mary Moran Pajalich, J. Calvin Simpson, Hector Anninos, Sheldon Rosenthal and James J. Cherry for Respondent.

Rollin E. Woodbury, Robert J. Cahall, John R. Bury and William E. Marx for Real Party in Interest. [741] Sherman Chickering, C. Hayden Ames, Donald J. Richardson, Jr., Edward P. Nelsen, Chickering & Gregory, Gordon Pearce, Frederick T. Searls, Malcolm H. Furbush and Stanley T. Skinner as Amici Curiae on behalf of Real Party in Interest.

OPINION

MOSK, J.

Petitioners seek a writ of mandate to compel respondent Public Utilities Commission to commence immediate preparation of an environmental impact statement in connection with an application by real party in interest for a certificate of public convenience and necessity for a proposed power plant.

The real party in interest, an investor-owned utility company, has requested the commission to approve a one and one-half billion watt electrical generating station to be constructed near petitioners' homes in the high desert area of San Bernardino County. The commission has not yet held a hearing on the application. Petitioners' allegations that the region surrounding the proposed site is ecologically fragile and that the plant would have a significant effect on the environment are not disputed. On the basis of these allegations, petitioners contend the commission must issue an environmental impact statement before holding a hearing on the application and, consequently, must begin preparation of this statement forthwith.

DESERT ENVIRONMENT CONSER. ASSN. v. Public Util. Com.

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OPINION

MOSK, J.

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