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...
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