ELR Citation: 54 ELR 20152
No(s). 1:19-CV-626-DII (W.D. Tex. Oct 28, 2024) (Pitman, J.)

A district court on remand permanently enjoined the Public Utility Commission of Texas from enforcing a 2019 state law that limited the ability to build, own, or operate new transmission lines to owners of existing transmission facilities in Texas, in areas of the state not covered by the main grid operator. An energy company argued that the law violated the Commerce Clause by facially discriminating against interstate commerce. The court found the law did not advance a legitimate local purpose that could not be adequately served by reasonable nondiscriminatory alternatives, facially discriminated against interstate commerce, and did not survive strict scrutiny. It granted the company's motion for judgment on the pleadings and enjoined enforcement in regions of Texas not covered by the main grid operator.