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SIMMONS v. SABINE RIVER AUTHORITY LOUISIANA

No. 12-30494.

732 F.3d 469 (2013)

Jeff SIMMONS; Alice Simmons; Jeanne Simmons; Gerald Edward McBride; Edward Bryant Bonner; et al, Plaintiffs-Appellants, v. SABINE RIVER AUTHORITY State of LOUISIANA; Louisiana Department of Transportation and Development; Linda Curtis Sparks; Entergy Gulf States Louisiana L.L.C.; Entergy Corporation; Entergy Services Incorporated; Entergy Louisiana, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 9, 2013.

Attorney(s) appearing for the Case

Patrick W. Pendley, Esq. , Nicholas Ryan Rockforte , Pendley, Baudin & Coffin, L.L.P., New Orleans, LA, Victor L. Marcello, Esq. , Talbot, Carmouche & Marcello, Baton Rouge, LA, for Plaintiffs-Appellants.

John Powers Wolff, III , Nancy B. Gilbert, Esq. , Martin Edward Golden, Esq. , Virginia Jordan McLin, Esq. , Jamie Ann Polozola , Keogh, Cox & Wilson, Ltd., Charles Brandon Brown , Brown Law Firm, Baton Rouge, LA, for Defendants-Appellees.

Before STEWART, Chief Judge, and SMITH and WIENER, Circuit Judges.

CARL E. STEWART, Chief Judge:

This case asks us to resolve whether the Federal Power Act preempts property damage claims under state law where the claim alleges negligence for failing to act in a manner FERC expressly declined to mandate while operating a FERC-licensed project. We hold that it does, and so we AFFIRM the district court's dismissal of Plaintiffs' case with prejudice.

I. BACKGROUND

A. Facts

The Sabine River meanders between...

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