DOBBIN PLANTERSVILLE WATER SUPPLY CORP. v. LAKE

No. 23-50215.

108 F.4th 320 (2024)

DOBBIN PLANTERSVILLE WATER SUPPLY CORPORATION, Plaintiff-Appellant, v. Peter LAKE, In his official capacity as Commissioner of the Public Utility Commission of Texas; Will McAdams, In his official capacity as Commissioner of the Public Utility Commission of Texas; Lori Cobos, In her official capacity as Commissioner of the Public Utility Commission of Texas; Thomas Gleeson, in his official capacity as Executive Director of the Public Utility Commission of Texas; SIG Magnolia L.P., a Texas limited partnership; Redbird Development, L.L.C., a Texas limited liability company; Commissioner Jimmy Glotfelty; Commissioner Kathleen Jackson, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 16, 2024.


Attorney(s) appearing for the Case

William Woodward Allensworth (argued), Karly Anne Houchin, Jordan Rhodes, Allensworth & Porter, L.L.P., Austin, TX, Steven M. Harris, Esq., Doyle Harris Davis & Haughey, Tulsa, OK, for Plaintiff-Appellant.

Lanora Christine Pettit, William Francis Cole, Esq., James Andrew Mackenzie (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Sara Baumgardner, Office of the Attorney General of Texas, Austin, TX, John Richard Hulme, Esq., Assistant Attorney General, Office of the Attorney General of Texas, Environmental Protection Division, Austin, TX, for Defendants-Appellees Peter Lake, Will McAdams, Lori Cobos, Thomas Gleeson.

Gunnar P. Seaquist, Esq. (argued), Joshua Daniel Katz, Emily Willms Rogers, Esq., Bickerstaff, Heath, Delgado & Acosta, L.L.P., Austin, TX, for Defendants-Appellees SIG Magnolia L.P., Redbird Development, L.L.C.

John Richard Hulme, Esq., Assistant Attorney General, Office of the Attorney General of Texas, Environmental Protection Division, Austin, TX, for Defendants-Appellees Commissioner Jimmy Glotfelty, Commissioner Kathleen Jackson.

Before Jones, Dennis, and Douglas, Circuit Judges.


The Public Utility Commission of Texas issued two orders decertifying territory from the certificate of convenience and necessity issued to Dobbin Plantersville Water Supply Corporation. Dobbin, the recipient of federal loans through 7 U.S.C. § 1926's lending program for rural water utilities, filed this lawsuit...

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