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Push to Overturn California Wildfire Liability Shift Likely Doomed at Ninth Circuit

All three judges hearing the appeal of a bid to prevent California from shifting liability for wildfires from utilities to taxpayers said federal courts lack jurisdiction in the case.  FILE – In this Sept. 9, 2020, file photo, taken with a slow shutter speed, embers light up a hillside behind the Bidwell Bar Bridge as the Bear Fire burns in Oroville, Calif. (AP Photo/Noah Berger, File) (CN) An effort to prevent the state of California from reforming the way it holds utilities accountable for wildfires started by their equipment appears doomed at the Ninth Circuit, with a panel of judges indicating they shouldn’t even be hearing the case at all

Ninth Circuit expresses doubt over challenge of California wildfire statute

Print A lawsuit aimed at turning back a recently created California wildfire fund ran into some skepticism from a panel of three judges in the U.S. Court of Appeals for the Ninth Circuit on Monday. “In my opinion, you haven’t shown us why this belongs in federal court and that’s your burden,” Judge Ryan Nelson told Michael Aguirre, a San Diego attorney who argued that significant portions of Assembly Bill 1054 should be tossed out. Passed by the Legislature, signed by Gov. Gavin Newsom and approved by the California Public Utilities Commission in 2019, AB 1054 created a $21 billion insurance fund the state’s big three investor-owned utilities can access should their equipment ignite a wildfire.

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