Legal Opinion
West River Electric Ass'n v. Black Hills Power & Light Co.
Court of Appeals for the Eighth Circuit
Decided November 2, 1990No. Nos. 89-5443, 89-5468PublishedCited by 4 opinions
1Opinion of the Court
ROSS, Senior Circuit Judge.
Black Hills Power and Light Company (Black Hills) appeals from a judgment of the district court1 which held that Congress has not clearly and specifically deferred its exclusive jurisdiction over Ells-worth Air Force Base (Ellsworth), a federal enclave, sufficient to require that Ells-worth comply with South Dakota law in the procurement of its utility services. The district court concluded that Black Hills does not have the exclusive right to supply overrun electricity to Ellsworth and that instead Ellsworth may competitively purchase that electricity.
This case…
2Cases cited17 opinions
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Mandel v. BradleySupreme Court of the United States · 1977
- Paul v. United StatesSupreme Court of the United States · 1963
- Evans v. CornmanSupreme Court of the United States · 1970
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3Cited by4 opinions
- Baltimore Gas & Electric Co. v. United StatesDistrict Court, D. Maryland · 2001
- Department of Labor & Industries v. Dirt & Aggregate, Inc.Washington Supreme Court · 1992
- City of Tacoma v. United StatesUnited States Court of Federal Claims · 1993
- West River Electric Association, Inc. v. Black Hills Power and Light Company, and Ellsworth Air Force Base. Black Hills Power and Light Company v. Heartland Consumers Power District, West River Electric Association, Inc. v. Black Hills Power and Light Company, and Ellsworth Air Force Base. In the Matter of the Complaint of West River Electric Association, Inc., Against Black Hills Power and Light Company and Ellsworth Air Force Base. In the Matter of the Complaint of Black Hills Power and Light Company Against Heartland Consumers Power District With Regard to Electric Service to Ellsworth Air Force Base. West River Electric Association, Inc. v. Black Hills Power and Light Company and Ellsworth Air Force Base, West River Electric Association, Inc. v. Black Hills Power and Light Company and Ellsworth Air Force Base, West River Electric Association, Inc. v. Black Hills Power and Light Company and Ellsworth Air Force Base, Black Hills Power and Light Company v. Heartland Consumers Power District. In the Matter of the Complaint of West River Electric Association, Inc., Against Black Hills Power and Light Company and Ellsworth Air Force Base. In the Matter of the Complaint of Black Hills Power and Light Company Against Heartland Consumers Power District With Regard to Electric Service to Ellsworth Air Force BaseCourt of Appeals for the Eighth Circuit · 1990