Plaintiff and several of its affiliates are seeking to build and operate interstate electricity transmission lines in the state of Indiana where state law gives incumbent electric companies rights of first refusal to build and operate new transmission facilities that connect to existing facilities in the state. Plaintiffs argued that the state statute violated the dormant commerce clause implied in the U.S. Constitution and the district court issued a preliminary injunction barring the Indiana Utility Regulatory Commission from enforcing the state statute. The Commission and several intervening defendants appealed the injunction. The Seventh Circuit vacated the injunction, explaining that plaintiffs lacked standing because they did not show that the injunction was reasonably likely to redress or prevent their feared injuries. (JACKSON-AKIWUMI, concurring and SCUDDER, dissenting)
Federal 7th Circuit Court
Civil Court
Preliminary Injunctions