Jackson Walker won a significant victory for its clients when the commissioners of the Texas Commission on Environmental Quality (TCEQ) unanimously voted to overturn the Executive Director’s decision that would have negatively affected property tax determinations for 19 power generators.
The three-member Commission met on Dec. 5, 2012, to determine whether the power generators should be allowed to claim local property tax exemptions on nearly $1 billion in pollution control equipment. Earlier in the year, TCEQ staff had recommended against the exemptions, prompting the power generators to appeal to the Commission.
Based on his depth of experience and understanding of the issues, Jackson Walker partner Mike Nasi was chosen from among a group of attorneys from the finest law firms in Texas to present oral arguments on behalf of the power generators before the Commission. Mr. Nasi has played a leadership role in representing the power industry before state and federal regulatory agencies and the Texas Legislature for more than 17 years. During that time, he has worked closely with the state Legislature on refinements to the Tax Relief for Pollution Control Property Program and currently serves on the TCEQ Pollution Control Property Tax Exemption Advisory Committee.
After nearly two hours of arguments and deliberations, the TCEQ commissioners granted the power generators’ appeal of the Executive Director’s decision and remanded the matter for a new determination.
In addition to Mr. Nasi, a Jackson Walker team including Steve Moore, Dudley McCalla, Bill Cobb, Ben Rhem, Jake Arechiga, Lisa Kost, and Donna Brown assisted in successfully representing the clients in this matter.
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