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Preemption

Keogh Cox’s Win in Toledo Bend Litigation Could Have National Impact in Flood Hazard Litigation

In a decision released October 9, 2013, the U.S. Fifth Circuit upheld the grant of the defendants’ Motion to Dismiss by concluding that the Federal Power Act (“FPA”) preempts property damage claims based in Louisiana state tort law where the alleged damage is the result of operations that comply with the FERC-issued license. Simmons v. Sabine River Authority, No. 12-30494, – F.3d – , (5th Cir. 10/09/2013).

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