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182559P.pdf 03/25/2020 LSP Transmission Holdings, LLC v. Katie Sieben
U.S. Court of Appeals Case No: 18-2559
U.S. District Court for the District of Minnesota
[PUBLISHED] [Smith, Author, with Gruender and Benton, Circuit Judges]
Civil case - Constitutional law. The provision in Minn. Stat. Sec.
216B.246, subdiv. 2, which grants incumbent electric transmission owners
the right of first refusal to construct, own and maintain electric
transmission lines that connect to their existing facilities does not
violate the dormant Commerce Clause; the law is not facially
discriminatory and has neither a discriminatory purpose nor a
discriminatory effect; the court cannot say the burden imposed by the law
is clearly excessive in relation to Minnesota's legitimate state interests
in regulating its electric industry and maintaining the status quo, and
the district court did not err in dismissing plaintiff's undue-burden
claim.