Jeff Simmons v. Sabine River Authority, et, 2013 U.S. App. LEXIS 20585

Sabine River project spans Texas and Louisiana; FERC license granted to state authorities in 1963 for Toledo Bend Dam and hydropower.
Entergy, under the license, oversees power generation and purchases power; the license requires maintaining reservoir levels and operating spillways.
FERC denied most requests to modify operations during floods but required improvements to the Emergency Action Plan.
Plaintiffs allege state-law property damage from floodgate operations in 2009 and sue in state court, later removed to federal court.
District court granted 12(b)(6) dismissal holding FPA preempts state tort claims; dismissal with prejudice followed; plaintiffs appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the FPA preempt state tort claims for property damage tied to operating a FERC-licensed project?	Plaintiffs argue state law governs damages for flood damages from dam operations.	Entergy and Authorities contend FPA preempts state tort claims where damages arise from compliance with a FERC license.	Yes, preempted; district court affirmed.

First Iowa v. Hydro-Elec. Coop. v. Fed. Power Comm’n, 328 U.S. 152 (1946) (savings clause narrowly construed; state permits preempted when regulating water use rights beyond proprietary rights)
California v. FERC, 495 U.S. 490 (1990) (FPA occupies field of power development with narrow savings for water-use rights)
Niagara Mohawk Power Corp. v. Niagara Mohawk Power Corp., 347 U.S. 239 (1954) (recognizes federal servitude but preserves preexisting state rights; federal control through licensing may require compliance but not abolition of state rights)
Sayles Hydro Assocs. v. Maughan, 985 F.2d 451 (9th Cir. 1993) (interprets First Iowa; discusses scope of savings clause in context of water rights)
Seaboard Air Line R.R. v. Cnty. of Crisp, Ga., 280 F.2d 873 (5th Cir. 1960) (early view on state damages under FPA license; pre-FPA posture on damages in licensed projects)