Opinion filed August 1, 2013
In The
Eleventh Court of Appeals
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No. 11-12-00040-CV
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SIERRA CLUB, Appellant
V.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
AND TENASKA TRAILBLAZER PARTNERS, LLC, Appellees
On Appeal from the 201st District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-11-000763
MEMORANDUM OPINION
Sierra Club, Appellant, has filed in this court an unopposed motion to
dismiss this appeal as moot pursuant to TEX. R. APP. P. 42.1(a)(1). In the motion,
Appellant states that this appeal—from the trial court’s order granting a plea to the
jurisdiction—is moot because Tenaska Trailblazer Partners, LLC “has terminated
the proposed power plant and . . . requested that the Texas Commission [on]
Environmental Quality void the air permits that are the subject of this appeal.” The
Texas Commission on Environmental Quality duly voided the air permits on July
8, 2013, and there is no live case or controversy to appeal.
In the motion, Appellant also requests that, pursuant to Texas Foundries v.
International Moulders & Foundry Workers’ Union, 248 S.W.2d 460, 461 (Tex.
1952), we vacate the trial court’s order due to its mootness. Courts of this state
have no jurisdiction to render advisory opinions in a case that has become moot.
Speer v. Presbyterian Children’s Home and Serv. Agency, 847 S.W.2d 227 (Tex.
1993). Therefore, in accordance with Appellant’s unopposed motion and because
a live controversy no longer exists, we vacate the judgment of the trial court and
dismiss this case as moot. See id.
We grant Appellant’s unopposed motion to dismiss as moot. Accordingly,
we vacate the order of the trial court and dismiss this appeal.
PER CURIAM
August 1, 2013
Panel consists of: Wright, C.J.,
McCall, J., and Willson, J.
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