ELR Citation: 53 ELR 20159
No(s). 22-1590 (6th Cir. Oct 3, 2023)

The Sixth Circuit affirmed dismissal of a lawsuit concerning a dam collapse in Michigan. Property owners who live downstream of the dam argued the U.S. government negligently entrusted operation of the dam to an unfit operator. A district court held the government was entitled to sovereign immunity and dismissed the suit for lack of subject matter jurisdiction. The appellate court agreed, finding that §803(c) of the Federal Power Act imposes liability on the licensees who build and manage hydropower projects, not the government. It dismissed the suit.