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The 2013 Texas legislative session resulted in a number of significant changes to environmental laws, among which are developments of broad interest relating to Texas greenhouse gas permitting and the Texas Environmental, Health and Safety Audit Privilege Act. Governor Perry signed a number of these bills on June 14, 2013, two days before the June 16 th deadline for him to sign or veto bills passed during the regular legislative session. Select noteworthy statutory revisions already in effect or set to go into effect on September 1, 2013 are summarized after the jump.
On June 13, 2013, the U.S. Supreme Court unanimously upheld lower court rulings in Tarrant Regional Water District v. Hermann , holding that Oklahoma water laws validly barred the export of state water. The petitioner in the case is the Tarrant Regional Water District; the appellees are officers of the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission.
On June 14, 2013, the Texas Supreme Court declined to reconsider an earlier ruling that the Texas Clean Air Act ("TCAA") preempts a Houston ordinance specifying location requirements for concrete-crushing operations.
On June 13, 2013, the Fifth Circuit Court of Appeals issued an opinion upholding a 2010 Dallas city ordinance that allows taxi cabs powered by compressed natural gas ("CNG") to have priority over gasoline-powered taxi cabs in lines for passengers at Dallas’ Love Field airport.
On June 18, 2013, TCEQ approved proposal of the 2014 Five-Year Regional Haze State Implementation Plan Revision, which would provide a progress report on visibility protection at Class I federal areas (i.e., many national parks and wilderness areas) in Texas.
TCEQ announcements for enforcement orders adopted in June can be found on TCEQ’s website:
For information on recent TCEQ rule developments, please see TCEQ's website
The Legal 500 United States has again ranked Beveridge & Diamond, P.C. as a leading national environmental law practice, noting the Firm’s environmental litigation capabilities as well as its transactional and regulatory capabilities.
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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