California Legal Brief

The Rule of People ex rel. Yolo-Solano Air Quality Management District v. Spencer Defty is that a cross-complaint challenging the validity of an internal agency policy does not arise from protected activity under the anti-SLAPP statute when the regulatory enforcement actions are merely evidence of the policy's application rather than the basis for liability, under circumstances where the cross-complaint seeks declaratory relief that the policy was adopted without proper rulemaking procedures.

The Rule of Center for Biological Diversity, Inc. v. Public Utilities Commission is that a public utilities commission's quasi-legislative decision developing a successor net energy metering tariff pursuant to statutory directive receives narrow judicial review and will be upheld if it lies within the lawmaking authority delegated by the Legislature and is reasonably necessary to implement the statutory purpose, under circumstances where the Legislature has explicitly directed the commission to develop a tariff meeting specified objectives while providing discretion to revise the tariff as appropriate.