BENTON COUNTY WIND FARM LLC v. DUKE ENERGY INDIANA

No. 15-2632.

843 F.3d 298 (2016)

BENTON COUNTY WIND FARM LLC, Plaintiff-Appellant, v. DUKE ENERGY INDIANA, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 2016.


Attorney(s) appearing for the Case

Andrew Woodbridge Hull , Attorney, Hoover Hull Turner LLC, Indianapolis, IN, Paul Alessio Mezzina , Ashley C. Parrish , Attorneys, David G. Tewksbury , King & Spalding LLP, Washington, DC, Clay Jackson Pierce , Attorney, Drinker Biddle & Reath, New York, NY, for Plaintiff-Appellant.

John D. Papageorge , Michele L. Richey , Attorneys, Taft Stettinius & Hollister LLP, Indianapolis, IN, for Defendant-Appellee.

Gene Grace , Attorney, American Wind Energy Association, Washingtion, DC, for American Wind Energy Association, Amicus Curiae.

Before Posner, Flaum, and Easterbrook, Circuit Judges.


In 2005 Duke Energy Indiana offered to buy 100 megawatts of renewable energy at a price high enough to enable potential sellers to finance the construction of wind turbines. As part of the deal Duke would acquire renewable-energy credits that buyers or generators of wind energy...

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