June 27, 2003

Klinedinst Attorney Involved in Precedent-Setting Cross-Border Energy Dispute

SAN DIEGO - One of Klinedinst's own has been serving as local counsel in a growing cross-border dispute involving power transmission from Mexican power plants to California.

Carey L. Cooper, a shareholder with the firm, has been working with counsel for Baja California Power, Inc. defending this National Environmental Policy Act (NEPA) case.

Critics of several power plants in Baja California had requested a temporary restraining order and a preliminary injunction against the transmission of power to California, citing concerns over the environmental impact of the existing plants.

A federal judge recently reviewed the case and denied a request for temporary injunctive relief, determining that the attorneys "who argued for continuing the electricity transmissions were persuasive in making the point" that the continued operation of power plants inside Baja California would cause no harm in the immediate future.*

Earlier in May, the same judge ruled that the U.S. Department of Energy acted illegally in granting the power plants permits in the first instance, in part because it did not adequately evaluate the potential impact of the power plants on the region's air quality and sewage system.

This case, which is currently pending in the Federal District Court in the Southern District of California, has been the focus of recent media attention.

*The San Diego Union Tribune, June 5, 2003

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