Texas appeals court dismisses coal-fired Las Brisas case

The Texas Court of Appeals in Austin has dismissed an appeal seeking to overturn a district court’s decision to vacate a permit for the coal-fired Las Brisas Energy Center at the request of Las Brisas Energy Center LLC (LBEC) and the Texas Commission on Environmental Quality (TCEQ).

LBEC and the commission had originally filed the appeal in an effort to obtain air quality permits for the $3 billion project, but asked for the appeal to be dismissed because the company canceled the project and ceased operations. LBEC’s corporate parent, Chase Power Development, decided to liquidate its assets in December 2012 and has been engaged in “an orderly windup of its affairs” since, according to court documents filed by LBEC.

“LBEC has continued to prosecute this appeal for the purpose of preserving the rights of any subsequent owners or investors in the company,” LBEC stated in its motion to dismiss. “Despite the efforts of Chase Power and LBEC in this regard, it is now apparent that the likelihood of being able to sustain the Las Brisas project under LBEC ownership is low and continues to diminish.”

LBEC submitted a letter to TCEQ asking the commission to void the air permits for the project on Jan. 29, according to court documents. LBEC filed its motion to dismiss the appeal July 26.

The 1,320 MW plant would have been located on the north side of the Port of Corpus Christi’s Inner Harbor.

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