Port of Seattle v. Avista Corp.
Port of Seattle v. Avista Corp.
Opinion of the Court
ORDER
The Port of Seattle (“Port”) appeals the district court’s dismissal with prejudice of its claims arising from its payment of wholesale electricity rates. The dismissal of the action by the district court is affirmed on the ground that the Port’s claims are barred by the doctrine of conflict preemption. See U.S. Const. art. VI, cl. 2; Gadda v. Ashcroft, 377 F.3d 934, 946 (9th Cir. 2004) (as amended), cert. denied, 543 U.S. 876, 125 S.Ct. 275, 160 L.Ed.2d 127 (2004). The Port’s requested relief squarely conflicts with existing FERC proceedings and orders. To avoid interfering with these proceedings, this case is dismissed.
DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- PORT OF SEATTLE, a Washington Municipal Corporation, Plaintiff—Appellant v. AVISTA CORPORATION, a Washington Corporation Avista Energy, Inc. Avista Power LLC, a Washington Corporation El Paso Electric Company Portland General Electric Company, an Oregon Corporation Powerex Corp., a Canadian Corporation PPL Montana LLC, a Delaware Corporation Puget Energy, Inc., a Washington Corporation Puget Sound Energy, Inc., a Washington Corporation Sempra Energy Resources Sempra Energy Trading Transalta Corp., a Canadian corporation Idacorp, Inc. Idaho Power Company, Defendants—Appellees, and Idacorp, Inc., an Idaho Corporation Idaho Power Co. Pacificorp, an Oregon Corporation Scottish Power LLC, a public limited liability company of the United Kingdom Transalta Energy Marketing, Inc., a Canadian Corporation
- Status
- Published