California Energy Comm'n v. Dept. of Energy, No. 07-71576

In a petition for review of an order of the U.S. Department of Energy (DOE) denying petitioner's request for a waiver of preemption under the Energy Policy and Conservation Act, the petition is granted where the DOE's stated justifications demonstrated an arbitrary and capricious failure meaningfully to address petitioner's application for a waiver.

Read California Energy Comm'n v. Dept. of Energy, No. 07-71576

Appellate Information

Argued and Submitted November 17, 2008

Filed October 28, 2009

Judges

Opinion by Judge Canby

Counsel

For Petitioner:

Jonathan Blees, Assistant Chief Counsel, California Department of Energy, Sacramento, CA

For Respondent:

H. Thomas Byron, III, Civil Division, U.S. Department of Justice, Washington, DC