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SOLAR v. CITY OF FARMINGTON

No. 20-2028.

2 F.4th 1285 (2021)

Vote SOLAR; Michael Eisenfeld; James Neidhart; Jeffrey Neidhart; Steven Bair; Neil Tribbett; Jerry Knutson; Vickie Slikkerveer; the Coliseum, Inc., d/b/a the Colosseum Gym; David Fosdeck; Stephen Ellison; Erin Hourihan, Plaintiffs-Appellants, v. CITY OF FARMINGTON, d/b/a Farmington Electric Utility System, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed June 28, 2021.

Attorney(s) appearing for the Case

David C. Bender ( Sara Gersen and Chinyere Osuala , with him on the briefs), Earthjustice, Madison, Wisconsin, for Plaintiffs-Appellants.

Kristen Connolly McCullough ( Sean M. Neal , Duncan, Weinberg, Genzer & Pembroke, PC, and Jennifer Breakell , City Attorney for the City of Farmington, New Mexico, with her on the brief), Duncan, Weinberg, Genzer & Pembroke, PC, Washington, DC, for Defendant-Appellee.

Before McHUGH, Circuit Judge, LUCERO, Senior Circuit Judge, and CARSON, Circuit Judge.

This is a case about the contours of federal versus state jurisdiction under the jurisdictional scheme established by the Public Utility Regulatory Policies Act (PURPA). Pub. L. 95-617, 92 Stat. 3117 (1978). Generally, federal courts are understood to have jurisdiction over facial, or "as-implemented," claims regarding...

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