UNION ELEC. CO. v. MISSOURI DEP'T OF CONSERVATION, 03-2135
Under the Federal Power Act, licensees such as plaintiff are excluded from maintaining an Ex Parte Young action seeking to prevent a State from recovering property damages resulting from the licensee's negligent operation of a power plant. Eleventh Amendment immunity was not waived; defendant cannot waive it, and the Attorney General did not waive it by requesting to intervene and dismiss the action. (Amended opinion)
- Decided 04/09/2004
- Published 04/30/2004
BOWMAN, Circuit Judge., Before MELLOY, MCMILLIAN, and BOWMAN, Circuit Judges.
United States Eighth Circuit
Ann E. Buckley, argued, Armstrong & Teasdale, St. Louis, MO (John R. Molm, Charles A. Zdebski, Jennifer A. Kerkhoff, Troutman & Sanders, Washington, DC, on the brief), for Plaintiff-Appellant.
Phillip B. Grubaugh, argued, Kansas City, MO (Spencer J. Brown, Mimi E. Doherty, Deacy & Deacy, Kansas City, MO, on the brief), for Defendants-Appellees., Shannon L. Haney, Attorney General's Office, Jefferson City, MO, for Amici on Behalf of Appellees.