Supreme Court Rules That Federal Nuisance Claims Cannot be Based on Greenhouse Gas Emissions
Posted on Jun 20, 2011 in Climate Change, Environmental, Litigation | Comments Off on Supreme Court Rules That Federal Nuisance Claims Cannot be Based on Greenhouse Gas Emissions
In an unanimous decision, the Supreme Court ruled that because greenhouse gas emissions are covered by the Clean Air Act there is no federal common law right to bring a nuisance claim with respect to such emissions.
Discovery Begins with Class Action Status Still to be Considered in New Mexico Coop Litigation
Posted on Jun 20, 2011 in Corporate Governance, Derivative Suits, Litigation, Patronage Capital | Comments Off on Discovery Begins with Class Action Status Still to be Considered in New Mexico Coop Litigation
After last week’s hearing, the litigation between Socorro Electric Cooperative and its members is progressing to the discovery stage of litigation. The initial focus of discovery will be on issues relating to the members’ class action status. The court has yet to address the members’ allegations that, among other things, the coop has wrongfully retained patronage capital owed to...
Price Gouging Allegations Brought Against Railroads
Posted on Jun 16, 2011 in Legislative & Politics, Litigation, Regulation & Policy | Comments Off on Price Gouging Allegations Brought Against Railroads
A coal mining company has sued two railroad companies alleging anticompetitive practices that result in unjustifiably high shipping costs for coal. Coops have made similar charges in the past and the National Rural Electric Cooperative Association supports proposed legislation that seeks to end the railroads’ safe harbor from traditional court challenges. Read more.
Partial Win For Oglethorpe Power in Georgia Nuisance Case
Posted on Jun 14, 2011 in Litigation | Comments Off on Partial Win For Oglethorpe Power in Georgia Nuisance Case
The Georgia Supreme Court has partially ruled in favor of both parties in a nuisance case in which local residents sued Oglethorpe Power Corporation over noise from the Polk County Sewell Creek Energy Facility. The Georgia Supreme Court held that the “continuing nuisance” began in 2004, which allows the Polk County residents within the statute of limitation to sue...
Georgia Supreme Court Rules on Amendments to Cobb EMC’s Bylaws
Posted on Jun 13, 2011 in Corporate Governance, Litigation | Comments Off on Georgia Supreme Court Rules on Amendments to Cobb EMC’s Bylaws
On Monday, the Georgia Supreme Court ruled that the president and directors of the Cobb Electric Membership Corporation violated a settlement agreement with coop members by amending its bylaws to allow voting by proxy in 2008. The Court concluded that the challenged bylaw amendment allowed the board to unilaterally change the method of voting on the issue of the method of selecting...
City of Great Falls Wins Round One in Litigation with Coop
Posted on Jun 10, 2011 in Corporate Governance, Litigation | Comments Off on City of Great Falls Wins Round One in Litigation with Coop
In March of this year, the City of Great Falls brought suit against Southern Montana Electric Generation and Transmission Cooperative seeking to invalidate its wholesale power contract with the coop. On June 8, a judge decided not to stop Great Falls from reducing the number of its customers and denied the coop’s request for new, court-appointed leadership of Great Falls’ electric...
Legislative Reform Introduced to Change Attorney’s Fees Reimbursement Program
Posted on Jun 2, 2011 in Legislative & Politics, Litigation | Comments Off on Legislative Reform Introduced to Change Attorney’s Fees Reimbursement Program
The National Rural Electric Cooperative Association is among the supporters of a bill recently introduced in the U.S. House of Representatives that would reform the process of reimbursing certain attorney’s fees incurred while suing the federal government. The Equal Access to Justice Act (EAJA) allows such repayment in certain situations when plaintiffs who sue the federal government...
Arizona Coop Litigates for Funds Allegedly Misappropriated
Posted on May 31, 2011 in Litigation | Comments Off on Arizona Coop Litigates for Funds Allegedly Misappropriated
Mohave Electric Cooperative is in the midst of discovery in a now-year-and-a-half struggle with its former CEO, Robert Broz. The coop alleges that Broz abused his authority as the board president of two spinoff companies for his personal financial gain, potentially in the ballpark of $4 million and $22 million. The coop seeks to recoup this money, which would go back to its members. ...
Idaho Public Utilities Commission to Consider Wind Power Dispute
Posted on May 26, 2011 in Litigation, Renewable Energy | Comments Off on Idaho Public Utilities Commission to Consider Wind Power Dispute
The Idaho Public Utilities Commission announced it will hear oral arguments between Boise-based Exergy Development Group, the developer of four proposed Cassia County wind projects, and Rocky Mountain Power on June 9. Exergy filed a complaint against Rocky Mountain, arguing that its planned wind projects near Malta should receive a higher rate from Rocky Mountain. Rocky Mountain...
U.S. Supreme Court Affirms $345 Million Payment to Coops
Posted on May 26, 2011 in Litigation, Rates | Comments Off on U.S. Supreme Court Affirms $345 Million Payment to Coops
On May 16, the U.S. Supreme Court declined to hear BNSF Railway Company’s appeal of a 2009 Surface Transportation Board decision, which required BNSF to pay $345 million to Basin Electric Power Cooperative, based in Bismarck, North Dakota; other participants in the Missouri Basin Power Project; and a fuel supply cooperative. A federal appeals court previously affirmed the board’s...
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