NEW ORLEANS — A class-action lawsuit against Entergy for its massive transmission failures during Hurricane Ida is heading back to state court.
The Louisiana subsidiaries of the electric utility giant tried to get the case moved from Orleans Parish Civil District Court to federal court in New Orleans, but U.S. District Judge Eldon Fallon agreed with plaintiffs who argued that there’s no federal jurisdiction in the case.
Seventeen area electric customers sued Entergy New Orleans and Entergy Louisiana on Sept. 20 on behalf of about 900,000 customers who lost power for days or even weeks during and after Hurricane Ida, accusing Entergy of “grossly inadequate maintenance and inspections.”
The lawsuit cites a WWL-TV investigation that first exposed a rusted transmission tower that collapsed near Avondale during Hurricane Ida. That collapse shut down a key corridor of power into the area. Seven other high-voltage transmission lines also failed, and WWL-TV questioned why a new power plant touted for its ability to start in a total blackout was not used until one of eight transmission lines coming from outside the area was restored.
Entergy argued the federal court should handle the case because the utility’s transmission lines are regulated by the Federal Energy Regulatory Commission. It also tried to argue that Entergy New Orleans’ 2007 bankruptcy somehow gave the federal court jurisdiction over the class-action suit. Fallon rejected both arguments.
Entergy spokeswoman Lee Sabatini said the company does not comment on pending litigation.