The all-Republican court narrowly found that the nonprofit corporation operating the state’s electrical grid qualifies for sovereign immunity.
The Supreme Court of Texas narrowly decided Friday that sovereign immunity, which largely shields government agencies from civil lawsuits, also protects the operator of the Texas electric grid.
The 5-4 opinion will likely free the nonprofit corporation from lawsuits filed by thousands of Texans for deaths, injuries and damages following the deadly 2021 winter storm, unless lawyers find another way forward.
The Electric Reliability Council of Texas, which manages the power supply for most of Texas, qualifies for immunity because it “provides an essential governmental service,” Chief Justice Nathan Hecht wrote in the majority opinion. State law intended for ERCOT to have the power of an “arm of the State government,” Hecht wrote. If anyone is going to hold ERCOT accountable for its actions, Hecht wrote, it should be state regulators or …