United States Second Circuit

In an action challenging the Connecticut Department of Energy and Environmental Protection's award of two wholesale renewable energy contracts for violating the Federal Power Act, the district court's dismissal of plaintiff's claims is affirmed where: 1) plaintiff's 42 U.S.C. sections 1983 and 1988 claims are foreclosed by the Federal Power Act's private right of action; 2) plaintiff failed to exhaust administrative remedies; and 3) plaintiff lacks standing to bring a preemption action.

Appellate Information

• Decided 11/06/2015
• Published 11/06/2015

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel