The Ninth Circuit Court of Appeals in San Francisco denied ...
The Ninth Circuit Court of Appeals in San Francisco denied an emergency petition Tuesday from the California Legislature, which sought court-ordered wholesale price caps. In its decision, the appeals panel said the petitioners--California Senate President Pro Tem John Burton (Democrat) and Assembly Speaker Robert Hertzberg (Democrat), on behalf of the Legislature, and the city of Oakland--did not show that the case warranted court intervention. In a suit filed May 22, California legislators sought wholesale price caps from the Federal Regulatory Energy Commission, saying that FERC inaction on imposing price limits was threatening the lives of Californians. The decision comes shortly before California Governor Gray Davis is set to meet with US President George W Bush on the state's energy crisis.
Davis said of the court's decision: "I have to review the decision. My job is to fight for the 34 million people of California that are getting a raw deal. Whether it's another lawsuit or Congressional action, I'm going to continue to seek relief." Davis' aides said in a briefing Monday that if Bush did not impose wholesale price controls, the state would seek relief in the courts.