FERC Oversight Preempts Property Damage Suit: 5th Circ.

Law360, New York (October 10, 2013, 2:15 PM EDT) -- The Fifth Circuit affirmed on Thursday that federal preemption bars liability for state property damage claims that arise out of flooding from a hydroelectric dam where water release activities were approved by a federal energy authority.

Addressing an issue of first impression before the Fifth Circuit, a unanimous appeals panel said the Federal Energy Regulatory Commission's oversight of a dam along the Texas-Louisiana border preempts property damage claims under state law that were brought by a group of homeowners who say their downstream land was flooded...
To view the full article, register now.

Documents

Related

Sections

Case Information

Case Title

Jeff Simmons, et al v. Sabine River Authority, et al


Case Number

12-30494

Court

Appellate - 5th Circuit

Nature of Suit

3290 Other Property Actions

Date Filed

May 7, 2012

Law Firms

Companies

Government Agencies

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.