State of North Dakota v. Nancy Lange

This appeal concerns an award of attorney's fees. In a previous appeal, this court held that portions of Minnesota's Next Generation Energy Act were unconstitutional.

*567North Dakota v. Heydinger , 825 F.3d 912 (8th Cir. 2016). On remand, the district court2 determined that the plaintiffs were entitled to attorney's fees and awarded them $1,310,088 in fees and costs. North Dakota v. Heydinger , No. 11-cv-3232, 2016 WL 5661926, at *28 (D. Minn. Sept. 29, 2016). The State of Minnesota, through its officers, appeals the award.

After the death of one judge on the panel, the remaining two judges have…