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Litigation - Recent Cases.
San Diego Gas & Electric Co. v. Superior Court for the County of Orange; Covalt et al., real parties in interest, No. S04854 (CA Sup. Ct.)
Last modified on:
Tuesday, July 30, 2002 12:21:54
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August 22, 1996 - In a unanimous decision, the California Supreme Court upheld the Forth District and ruled that the state Public Utilities Commission has exclusive jurisdiction over property damage claims against power companies. The 73-page opinion by Justice Stanley Mosk rejected the Covalt's claims. He wrote "The [Public Utilities] Commission has exercised -- and is still exercising -- its constitutional and statutory authority to adopt a general policy on whether electric and magnetic fields arising from the power lines of regulated utilities are a public health risk and what steps, if any, the utilities should take to minimize that risk," in _San Diego Gas and Electric Co. v. Superior Court_, S045854. The decision effectively bans EMF suits in California.
June 6, 1996 - The California Supreme Court heard arguments on whether the state's Public Utilities Commission has exclusive jurisdiction to decide claims of electromagnetic field-based property devaluation. During the arguments session in Los Angeles, defense attorney Frank Rothrock told the panel that homeowners cannot sue over placement of hospitals , jails or public housing and that they should not be able to file suit over the location of power lines. Plaintiff's attorney Michael E. Withey told the Supreme Court that court jurisdiction over over EMFs would protect an individual's constitutional right to just compensation.
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