The courts have consistently recognized that the California legislation creating the CPUC regulatory structure constitutes a policy of displacing competition with regulation in natural gas transportation. See, e.g., Nugget Hydroelectric, L.P., 981 F.2d at 435; City of Vernon v. Southern Cal. Gas Co., 92 F.3d 1191, 1996 WL 138554, at *2 (9th Cir. 1996); Transphase Sys., Inc. v. Southern Cal. Edison Co., 839 F. Supp. 711, 715-16 (C.D.Cal. 1993); Norcen Energy Resource v. Pacific Gas Elec. Co., 1994 WL 519461, at *9 (N.D.Cal. 1994). In 1988, California had a policy of displacing competition by regulation in the intrastate market for natural gas.

We affirmed the preliminary injunction in an unpublished memorandum disposition. Cal. First Amend. Coalition v. Calderon, 92 F.3d 1191, 1996 WL 442471 (9th Cir. Aug.5, 1996) (" Cal. First Amend. I"). The district court subsequently granted summary judgment to the plaintiffs and entered a slightly broader permanent injunction, directing defendants to "allow the witnesses to executions by lethal injection to view the procedure at least from the point in time just prior to the condemned being immobilized, that is[,] strapped to the gurney or other apparatus of death, until the point in time just after the prisoner dies."

We affirmed the preliminary injunction in an unpublished memorandum disposition.Cal. First Amend. Coalition v. Calderon, 92 F.3d 1191, 1996 WL 442471 (9th Cir. Aug. 5, 1996) ("Cal. First Amend. I").

. of Calif. Water Agencies Joint Powers Ins. Auth. v. Transcontinental Ins. Co., 92 F.3d 1191 (9th Cir. 1996).

The remaining libel per se and release of information claims plaintiff alleges are not cognizable under § 1983. See Paul v. Davis, 424 U.S. 693, 694, 708-09 (1976) (defamation); Broer v. Mann, 92 F.3d 1191, 1191 (9th Cir. 1996); Jarvis v. Wellman, 52 F.3d 125, 126 (6th Cir. 1995) (release of information). The purported defamation did not deprive plaintiff of any liberty or property interests protected by the Due Process Clause.