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Minnesota Coop Hit with Stray Voltage Verdict

A jury awarded $750,000 to a Minnesota dairy farmer for damages caused by stray voltage from the Wright-Hennepin Cooperative Electric Association electric system.  The court also determined that electricity may be considered a trespass on property under certain circumstances.  Whether the coop will appeal the verdict is not yet known. Click here for more information.

Wildfire Litigation Against Texas Coop Pushed to 2013

A large number of civil claims were filed against Bluebonnet Electric Cooperative following a fire in September 2011.  Plaintiffs allege that the coop failed to remove dead trees and branches near power lines and that this failure contributed to the fire.  A number of pretrial tasks, motions and proceedings are still outstanding, and it is expected the case won’t go to trial until...

New Hampshire Coop Customers Bring Suit Over “Smart Meters”

A group of eight customers of Plymouth-based New Hampshire Electric Cooperative have brought suit in Grafton County Superior Court, arguing that they should have the option to refuse to have so-called “smart meters” installed at their homes.  The plaintiffs are concerned about possible negative health consequences from exposure to electromagnetic radiation emanating from the meters. ...

Cross-State Air Pollution Rule Lawsuit Gains Steam

The National Rural Electric Cooperative Association and several G&Ts have joined in a lawsuit challenging the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule.  The new rule sets emissions caps and procedures for nitrogen oxides and sulfur dioxide that contribute to ozone formation in 27 eastern states and uses a system of tradable emissions allowances. The...

Dispute Between Native American Tribe and Coop Over Fees for Right-of-Way

The Continental Divide Electric Cooperative and the Pueblo of Acoma in New Mexico are involved in a dispute over what fees the coop must pay to enter the tribe’s land to serve its customers. A 50-year agreement giving the coop access to the land expired in 2002, but the parties have been unable to reach a new agreement. The Pueblo of Acoma recently filed claims with the tribal court...

Tenth Circuit Says Customer Is “Stuck Between a Rock and a Pile of Sewage”: Tying Suit Against City Moves Forward After U.S. Supreme Court Declines to Hear Appeal

Unlawful tying arrangements are a frequent point of contention between electric cooperatives and municipalities.  On January 17, 2012, the U.S. Supreme Court let stand a decision that permits an unlawful tying/monopolization claim to go forward against the City of Newkirk, Oklahoma.  Click here for more.

Equal Employment Opportunity Commission Files Suit Alleging Religious Discrimination by Coop

According to the government’s suit, Ozarks Electric Cooperative Corporation violated Title VII of the Civil Rights Act of 1964 when it fired an employee who is a Jehovah’s Witness.  The government filed its suit in the U.S. District Court for the Western District of Arkansas on January 26.  For more information about the allegations, see the Equal Employment Opportunity Commission’s...

NRECA Asks FERC to Reconsider Order Against Iowa Coop

The National Rural Electric Cooperative Association (NRECA) has asked the Federal Energy Regulatory Commission to reconsider a recent order, which requires Midland Power Cooperative, based in Jefferson, Iowa, to obtain FERC’s authorization before disconnecting retail service to a local couple. The coop initiated the disconnection when the couple, who operate a small wind turbine in the...

Bastrop Wildfire Lawsuit Against Bluebonnet Electric Coop Resolved, But Others Remain

A $6 million lawsuit against Bluebonnet Electric Cooperative and McCoy Tree Surgery over a 2009 wildfire in Bastrop County was resolved last week without a jury decision.  The parties have declined comment on the case, which was set for jury trial, to determine whether a falling tree knocked down sagging power lines, sparking a fire in the utility’s right of way.  Eleven other lawsuits...

Civil Suit Against Texas Coop Underway

A hearing is underway in a civil suit against Bluebonnet Electric Cooperative in which homeowners allege the coop’s negligence triggered a 2009 fire that damaged homes and businesses in Central Texas.  Plaintiffs claim the fire was caused by the coop’s inadequate wire connections and power lines and the location of combustible material nearby, but the coop asserts a fallen tree is to...

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