Texas Supreme Court tosses lawsuits tied to 2021 winter storm power outages

Photo credit: Houston Public Media

AUSTIN, Texas — The Texas Supreme Court on Friday dismissed lawsuits filed by tens of thousands of residents and small businesses against power generators over the catastrophic 2021 Texas winter storm that left millions without electricity.

The ruling effectively ends yearslong legal efforts by those affected by the storm, which caused more than 240 deaths and an estimated $300 billion in damages. The court did not provide an explanation for its decision, which covered five separate appeals tied to the disaster.

The outcome marks a major victory for energy companies, including CenterPoint Energy and NRG Texas Power, which argued that the unprecedented weather—not operational failures—was responsible for the widespread outages and damage.

Consumer advocates, however, expressed concern over the implications of the ruling. Sandie Haverlah said extreme weather events are likely to happen again and noted that legislative efforts to require better preparedness from energy providers suggest acknowledgment of past shortcomings.

“If the Legislature thought this was a one-time thing, they wouldn’t have done anything,” Haverlah said, adding that while reforms have increased energy costs, they may not guarantee accountability in future disasters without further legal changes.

Four of the court’s nine justices did not participate in the decision. The appeals had challenged an earlier ruling by a state appellate court, which dismissed the cases for having “no basis in law or fact.”

The decision follows a 2023 ruling by the same court that granted sovereign immunity to the Electric Reliability Council of Texas, shielding the grid operator from similar lawsuits on the grounds that it provides an essential governmental service.

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