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MISO TRANSMISSION OWNERS v. F.E.R.C.

Nos. 14-2153, 14-2533, 15-1316.

819 F.3d 329 (2016)

MISO TRANSMISSION OWNERS, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, et al., Respondent. LSP Transmission Holdings, LLC, et al., Petitioners, v. Federal Energy Regulatory Commission, et al., Respondents. LSP Transmission Holdings, LLC, et al., Petitioners, v. Federal Energy Regulatory Commission, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 6, 2016.

Attorney(s) appearing for the Case

David Stewart Berman , Attorney, Wendy N. Reed , Attorney, Matthew Joseph Binette , Attorney, Paul M. Flynn , Attorney, Wright & Talisman, Washington, DC, for Petitioner.

Beth Pacella , Attorney, Lona T. Perry, Esq. , Attorney, Robert H. Solomon , Attorney, Federal Energy Regulatory Commission, Washington, DC, for Respondent.

Before POSNER, EASTERBROOK, and HAMILTON, Circuit Judges.

We have consolidated for decision three closely related cases challenging rulings by the Federal Energy Regulatory Commission. All involve what are called "rights of first refusal," which in the present context mean rights to have a first crack at constructing an electricity transmission project — that is, having the...

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