A short update from the west coast: the California Supreme Court late last week denied discretionary review in the case in which a California utility was arguing that it cannot be liable under that state’s version of inverse condemnation because the utility, unlike a governmental entity, cannot automatically spread the cost of any judgment to all members of its constituency.
We posted the utility’s petition here (“Electric Company: We Can’t Be Liable For Inverse Condemnation For Cal Wildfires Unless We Can ‘Unilaterally Recoup Costs From The Benefited Public Through Taxation Or Rate Increases‘”).
There are other cases raising the same issue coming up the pipeline, so stay tuned for more.