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The Obama administration has appointed Ron Curry as the new Administrator of EPA Region 6.
Resolving one of several programmatic objections to Texas Title V State Operating Permits, TCEQ has announced a new format for incorporating by reference New Source Review authorizations.
On August 31st, in Hearts Bluff Game Ranch, Inc. v. The State of Texas et al., Cause No. 10-0491 (Tex. Aug. 31, 2010), the Texas Supreme Court affirmed the denial of a landowner’s takings claim (alleging damages of up to $70 million) against the Texas Water Development Board and the State of Texas that was based on the State’s identification of the landowner’s property as a potential unique reservoir location and the consequent denial of the landowner’s application for a federal mitigation banking permit.
On September 13th, in FPL Farming Ltd. V. Environmental Processing Systems LC, Cause No. 09-08-000083-CV (Tex. App. – Beaumont), the Court of Appeals for the Ninth District of Texas ordered a new trial regarding an underground trespass claim because the charge given to the jury in the lower court "improperly placed the burden of proving [defendant’s] affirmative defense of consent on [plaintiff]."
The Texas Commission on Environmental Quality’s Texas Emissions Reduction Plan Program is currently accepting applications for its Emissions Reduction Incentive Grants Program.
Authorization of MSS Emissions from Oil & Gas Facilities Outside the Barnet Shale Counties
On September 7, 2012, the U.S. District Court for the Southern District of Ohio sentenced Scotts Miracle-Gro Company, the world’s largest marketer of residential use pesticides, to pay a $4 million fine for eleven criminal violations of the federal law which governs the manufacture, distribution, and use of pesticides (the Federal Insecticide, Fungicide and Rodenticide Act).
The purpose of this update is to provide current information on Texas environmental regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances. This communication may be considered advertising under applicable laws regarding electronic communications.
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