Articles Posted in Utilities Law

by
Plaintiff and others filed a putative class action in state court on behalf of members of CAEC, alleging that CAEC wrongfully had refused to pay out “excess revenues” in cash to its members. After removal to federal court, the district court granted CAEC's motion to dismiss. The court affirmed the district court's ruling that when CAEC’s revenues exceed its operating costs and other expenses, CAEC does credit each members’ capital account with the cooperative, and the district court's holding that CAEC’s distribution of excess revenues to its members by making credits to their capital accounts, as opposed to making cash payments, complied with Alabama state law. View "Caver v. Central Alabama Electric Cooperative" on Justia Law

Posted in: Utilities Law

by
Florida Water Environment Association Utility Council and South Florida Water Management District (appellants) appealed the district court's order approving a consent decree between the EPA and a group of environmentalist organizations (plaintiffs). The consent decree settled a suit by plaintiffs against the EPA that alleged that the agency failed to promulgate timely new water-quality standards for the State of Florida. Appellants claimed that the consent decree was substantively and procedurally unreasonable and that the district court abused its discretion in approving the decree. The court held that because appellants have not demonstrated a live case or controversy that would give the court jurisdiction over their case, the court dismissed their appeal.