NEXTERA ENERGY CAPITAL HOLDINGS, INCORPORATED; NextEra Energy Transmission, L.L.C.; NextEra Energy Transmission Midwest, L.L.C.; Lone Star Transmission, L.L.C.; NextEra Energy Transmission Southwest, L.L.C., Plaintiffs-Appellants,
v.
Chairman Peter LAKE, Public Utility Commission of Texas, in his official capacity, Commissioner Lois Cobos, Public Utility Commission of Texas, in her official capacity; Commissioner Jimmy Glotfelty, Public Utility Commission of Texas, in his official capacity; Commissioner Kathleen Jackson, Public Utility Commission of Texas, in her official capacity; and Commissioner Will McAdams, Public Utility Commission of Texas, in his official capacity, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Lisa Bennett , Assistant Solicitor General, Office of the Attorney General for the State of Texas, Austin, TX, Lanora Christine Pettit , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, John Richard Hulme, Esq. , Assistant Attorney General, Office of the Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Defendants-Appellees.
Imagine if Texas—a state that prides itself on promoting free enterprise— passed a law saying that only those with existing oil wells in the state could drill new wells. It would be hard to believe. It would also raise significant questions under the dormant Commerce Clause. Cf.
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