What issues pertaining to power plant site certification may be reviewed by the Supreme Court of California?
Section 25531(b) of the Public Resources Code states that the only issue that the Court may consider is “whether the commission has regularly pursued its authority, including a determination of whether the . . . decision . . . violates any right of the petitioner under the United States Constitution or the California Constitution.” Section 25531(b) also states that “[t]he findings and conclusions of the commission on questions of fact are final and are not subject to review”; however, the Commission believes that the issue “whether the commission has regularly pursued its authority” includes an assessment of whether the Commission’s findings of fact are supported by “substantial evidence.” Note that section 25531(b) limits the Court’s review to the record developed during the Commission’s certification proceeding, so no new evidence can be submitted to the Court. Parties should also note that the existence of evidence that they believe is strongly in favor of their position does not me
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