Summary
This Seventh Circuit opinion addresses whether plaintiffs have standing to seek a preliminary injunction against the Indiana Utility Regulatory Commission to block enforcement of a state statute granting incumbent electric companies rights of first refusal for new interstate transmission projects. The court holds that the plaintiffs lack standing because the requested injunction would not redress their alleged injuries, as the IURC does not actually enforce the statute or control project assignments, which are handled by the non-party Midcontinent Independent System Operator (MISO). Consequently, the court vacates the district court’s preliminary injunction and remands the case for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the plaintiffs have Article III standing to challenge Indiana’s right‑of‑first‑refusal statute
- Whether the preliminary injunction is redressable
- Whether the IURC has authority to enforce the statute
Holdings
- The plaintiffs lack standing because the IURC has no authority to enforce the statutory right of first refusal and the injunction would not redress any injury.
- The preliminary injunction is vacated and the case remanded for further proceedings consistent with the finding of lack of standing.
Key quotations
“The preliminary injunction is hereby VACATED and the case is REMANDED to the district court for further proceedings.” (at *32)
Factual background
Plaintiffs seek to build interstate transmission lines in Indiana. Indiana enacted a right‑of‑first‑refusal statute (HEA 1420) giving incumbent utilities the first opportunity to construct new projects approved by the Regional Transmission Organization (MISO). Plaintiffs obtained a preliminary injunction barring the IURC from enforcing the statute. MISO later indicated it would not be bound by the injunction.
Procedural history
The district court entered a preliminary injunction enjoining the Indiana Utility Regulatory Commission (IURC) Commissioners from enforcing Indiana Code § 8‑1‑38‑9 (HEA 1420). The plaintiffs appealed, arguing lack of standing. The Seventh Circuit vacated the injunction and remanded for further proceedings.
Remand instructions
Remand to the district court for further proceedings consistent with this opinion.