Court of Appeal confirms that the Public Utilities Commission still has exclusive jurisdiction over claims alleging injury from electromagnetic fields

Plaintiff alleged that she suffered injury from exposure to electromagnetic fields (EMF) at her apartment building, to which GMSR’s client Southern California Edison provided power. Edison successfully demurred based on directly controlling California Supreme Court authority—San Diego Gas and Electric Company v. Superior Court (Covalt) (1996) 13 Cal.4th 893—holding that under Public Utilities Code section 1759, the PUC has exclusive jurisdiction over such claims. Plaintiff appealed, arguing among other things that the age of the Supreme Court’s decision made its continuing authority questionable. The Court of Appeal disagreed and affirmed, accepting GMSR’s demonstration that the PUC has continued to regulate electromagnetic fields by requiring compliance with its minimization rules as recently as 2019.

Court of Appeal Opinion – View Document