The Supreme Court of Texas issued an opinion on May 3, 2019, in Texas Commission on Environmental Quality, et al., v Brazos Valley Energy, LLC, et al., Case No. 18-0128, affirming a court of appeals decision in favor of Locke Lord clients Brazos Valley Energy, LLC, Freeport Energy Center, LLC, and Freestone Power Generation, LLC, all affiliates of Calpine Corporation, in an appeal about whether the Texas Commission on Environmental Quality (TCEQ) has discretion to deny a pollution control tax exemption for certain equipment that reduces air emissions at the facilities.
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