Xcel Energy and a California renewable energy company are suing each other over a canceled wind power project in North Dakota.
Xcel Energy is asking a federal district court in Minnesota to find that it had the right to terminate a $400 million wind farm development contract with its partner enXco.
enXco has counter-sued, asking for $245 millon in damages.
Xcel pulled out of the deal last month.
In court documents, Xcel says enXco failed to resolve regulatory concerns involving federally protected birds, like the whooping crane and the piping plover which might be harmed by the wind farm.
EnXco alleges Xcel canceled because of falling electricity demand.