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COASTAL HABITAT ALLIANCE v. PATTERSON

Cause No. A-07-CA-985-LY.

601 F.Supp.2d 868 (2008)

COASTAL HABITAT ALLIANCE, Plaintiff, v. Jerry PATTERSON, In his Official Capacity as Commissioner of the Texas General Land Office; Chairman Barry Smitherman, Julie Carruthers Parsley, and Paul Hudson, In their Capacities as Commissioners of the Texas Public Utility Commission; Texas Gulf Wind, LLC, Wholly Owned by Babcock & Brown Renewable Holdings, LLC; and Iberdrola Renewables, Inc., Defendants.

United States District Court, W.D. Texas, Austin Division.

September 30, 2008.

Attorney(s) appearing for the Case

Charles W. Irvine, James B. Blackburn, Jr., Mary W. Carter, Blackburn Carter, P.C., David A. Kahne, Law Office of David A. Kahne, Houston, TX, for Plaintiff.

Frank A. King, Attorney General of Texas, Shelley Dahlberg, Office of the Attorney General, Austin, TX, for Jerry Patterson.

Douglas B. Fraser, Nathan Myrick Bigbee, Attorney General's Office, Austin, TX, for Barry Smitherman, Julie Carruthers Parsley, Paul Hudson.

Christopher Hughes, Marianne Carroll, Rachel Lynn Noffke, Thomas H. Watkins, Brown McCarroll LLP, Virginia Katherine Hoelscher, Office of the Attorney General of Texas, Opinion Committee, Austin, TX, for Texas Gulf Wind, LLC.

Allison L. Bowers, David Savage, Sara M. Burgin, Stacy Rogers Sharp, Baker Botts LLP, Austin, TX, James H. Barkley, William Karl Kroger, Baker Botts LLP, Houston, TX, for PPM Energy, Inc.

MEMORANDUM OPINION AND ORDER GRANTING MOTIONS TO DISMISS

LEE YEAKEL, District Judge.

Before the Court are PUC Commissioners' Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) and Brief in Support filed December 21, 2007 (Clerk's Document 13), Texas Gulf Wind LLC and PPM Energy, Inc.'s Joint Motion to Dismiss and Supporting Brief filed December 26, 2007 (Clerk's Document 16), Commissioner Patterson's Motion to Dismiss Pursuant to Rules 12(b...

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