DOJ Shut Out Of Courtroom In Texas Grid Law Fight

Law360 (December 3, 2019, 1:43 PM EST) -- The U.S. Department of Justice can’t participate in a courtroom hearing over the constitutionality of a Texas grid construction law, a federal judge has found, saying the government already made its case in filed briefings.

The government sufficiently argued its position when it filed a statement of interest in September, U.S. District Judge Lee Yeakel said Monday. The DOJ’s Antitrust Division jumped in over competition and interstate commerce concerns in NextEra Energy’s suit against a new Texas transmission construction law.

“The court finds that the United States’ participation in the Dec. 4 hearing will not be useful to the court,” Judge...

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