Coastal Habitat Alliance v. Public Utility Commission

The question before us is whether the district court properly granted the pleas to the jurisdiction filed by the Public Utility Commission and its Commissioners and the AEP Texas Central Company.1 Contrary to the precedents of the Texas Supreme Court and this Court, the majority affirms the district court’s order and, in doing so, perpetuates a “failure of justice” 2 that erodes confidence in the agency process and could easily have been resolved by the Commission itself in carrying out its core functions.3 Because the allegations in the pleadings filed by the Coastal Habitat Alliance were…