JUDICIAL DEVELOPMENTS

December 2004

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Texas Appeals Court Affirms Conviction of Utility Operator for Providing Benzene-Tainted Water to Customers
McCelvey v. State of Texas, ___S.W.3d___

In a case of first impression in Texas, an intermediate appellate court has affirmed the conviction of the operator of a retail public utility for willfully and knowingly failing to provide continuous and adequate water service within the utility’s certificate of convenience and necessity. The case is a study in how not to get along with water regulators.