HarrisMartin: Texas Supreme Court Says It Can’t Weigh in on Dispute over ERCOT’s Sovereign Immunity, Cites Procedural Grounds

AUSTIN, Texas –– The Texas Supreme Court has declined to weigh in on a dispute regarding whether the state’s electric grid operator is protected under sovereign immunity, saying that the dispute before it has been superseded by, and merged with, a trial court order that is now on appeal in the Court of Appeals.

In a March 19 order, the Texas Supreme Court ruled 5-4 that it cannot direct the intermediate appellate court to set aside an order dismissing Panda Power Generation Infrastructure Fund’s claims “because the trial court has already entered a final judgment to comply with the …