Federal Judge Grants Preliminary Injunction Halting Construction of R-Line Transmission Project

A Nebraska transmission line now faces its second injunction in federal court. The “R-Line” is a 226-mile, 345-kilovolt, $835 million electric transmission line that will run from Gerald Gentleman Station near Sutherland to a substation near Thedford and then east to a substation in Holt County. The R-Line will interconnect energy generation facilities throughout central Nebraska.

After the opponents successfully enjoined the R-Line in 2020, they sued again.  On March 3, 2026, a group of nonprofits and tribes sued federal officials in their official capacities, challenging the approval of the R-Line.  The defendants include federal officials from the United States Fish and Wildlife Service and the United States Department of the Interior.

The United States Fish and Wildlife Service granted Nebraska Public Power District (“NPPD”) “emergency” approval in February 2026 to construct the R-Line without consulting affected tribes.  That approval relied on Executive Order 14156, which declared a national energy emergency and invoked emergency provisions under the National Historic Preservation Act.  The order cited inadequate domestic energy production, infrastructure and refining capacities as threatening national security, foreign policy, and the economy.

The opponents challenged the emergency approval in 2026. They alleged the federal officials bypassed statutory protections for historic properties and environmental review. They sought, and won, a preliminary injunction to halt construction while the case proceeds.

On June 8, 2026, a federal district court held for the project’s opponents. The court held that the federal officials likely violated federal law when they approved NPPD’s use of emergency alternative procedures for the R-Line based on the Executive Order. The court found irreparable harm because the opponents would lose their legally protected procedural interest in consultation if R-Line construction proceeds as planned.

The court therefore enjoined the federal officials’ emergency approval subject to the opponents’ payment of a nominal bond. The injunction practically means NPPD cannot proceed with R-Line construction while the case progresses. The court will hold a status conference on July 7, 2026, to address how the case will proceed to the merits, including submission of an administrative record and a briefing schedule.

NPPD recently intervened in the lawsuit.  The case may also present an opportunity for other stakeholders to participate in the litigation. Energy developers and transmission-dependent entities could assist the court in understanding downstream grid reliability and interconnection impacts.

Baird Holm’s energy, environmental and natural resources teams regularly advise landowners, developers, and utilities on transmission and energy infrastructure projects, federal permitting, environmental compliance, and historic preservation matters throughout the Midwest. If you have questions about how this case may affect your projects or operations, please contact us.

Hannes D. Zetzsche
Ava K. Mumgaard, Summer Associate