ALLCO v. Klee

<> ALLCO v. Klee - 11/6/15. In the U.S. Court of Appeals, Second Circuit, Case No. 15-20. Affirming the district court's ruling on alternative grounds which dismissed the plaintiff's complaint.       The Appeals Court ruled: "We hold that: (1) the plaintiff cannot bring claims under 42 U.S.C. §§ 1983 and 1988 to vindicate any rights conferred by the Public Utility Regulatory Policies Act ("PURPA") because PURPA's private right of action forecloses such a remedy; (2) the plaintiff failed to exhaust administrative remedies, a prerequisite to bringing an equitable action seeking to vindicate any rights conferred by PURPA; and (3) the plaintiff lacks standing to bring a preemption action seeking solely to void the contracts awarded to the intervenors."