Eversheds Sutherland Coop Law Blog
content top

Appeals Court Holds South Dakota Coop is Bound by its Wholesale Power Contract

After a nearly three-year legal battle, the United States Court of Appeals Eighth Circuit has upheld a ruling that Dakota Energy has no legal route to a buyout under its wholesale power contract with East River Electric Coop. If the Dakota Energy chooses to do so, it can appeal to the Eighth Circuit “en banc” and request a ruling from all 11 judges on the circuit.