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Case No. 21-0696

LS Power Midcontinent, LLC v. State

In June 2020, the Iowa legislature passed House File 2643, an omnibus appropriations bill, which included a section granting a right of first refusal (ROFR) (codified in Iowa Code section 478.16 (2020)) to incumbent electric transmission owners for construction and maintenance of Iowa’s electric infrastructure. Plaintiffs—Missouri-based energy companies—filed a petition for declaratory relief requesting the district court declare the ROFR unconstitutional and seeking injunctive relief to prevent the publication or enforcement of the new law. The district court granted defendants’ motion to dismiss based on a lack of standing. The court of appeals affirmed finding plaintiffs cannot satisfy the injury-in-fact prong of the standing test, and declining to apply a public-importance exception to the standing requirement. Plaintiffs seek further review.

Trial Court Case No.:

LS Power Midcontinent, LLC and Southwest Transmission, LLC, Plaintiffs-Appellants

State of Iowa, Iowa Utilities Board, Geri D. Huser, Glen Dickinson and Leslie Hickey, Defendants-Appellees

MidAmerican Energy Company and ITC Midwest LLC, Intervenors

Attorneys for Appellants
Charles F. Becker
Michael R. Reck
Erika L. Bauer

Attorneys for Appellees
David M. Ranscht, Assistant Attorney General
Benjamin Flickinger, Assistant Attorney General

Attorneys for Intervenors
Elizabeth R. Meyer
Stanley J. Thompson
Tara Z. Hall
Amy Monopoli
Bret A. Dublinske
Lisa M. Agrimonti

Attorneys for Amicus Curiae
Kelly A. Cwiertny
Theresa Davis
Lynn Herndon
Kenneth R. Stark

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 08, 2022

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            LS Power Midcontinent, LLC, and Southwest Transmission, LLC, (collectively LSP) together appeal the dismissal of their case for lack of standing and request injunctive relief at this appellate stage.  OPINION HOLDS: As LSP lacks standing—either by way of traditional standing or the public importance exception—to bring this case, we affirm the district court’s dismissal and deny LSP’s request for a temporary injunction.

Other Information

Date Further Review is Granted:
Nov 02, 2022

View archived opinions from prior to November 2017

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