Texas Federal Court Dismisses CERCLA Contribution Claimed Based on Alleged “Re-Contamination” of Former Superfund Site

On March 28, a Texas federal court granted summary judgment to the purchasers of part of a former Superfund site in Port Arthur, Texas, on a contribution claim brought by the sellers under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  Read More ›

Texas is Among States Filing Petition for Cert with U.S. Supreme Court on GHG Rules

On April 19, 2013, Texas, along with eleven other states, submitted a petition for certiorari to the U.S. Supreme Court asking the Court to reconsider aspects of its 2007 decision in which the Court held that EPA has authority to regulate greenhouse gas ("GHG") emissions as air pollutants under the Clean Air Act (Massachusetts v. EPA, 549 U.S. 497, 63 ERC 2057 (2007)). Read More ›

TCEQ and EPA Reach Agreement re GHG Permitting

Beveridge & Diamond, P.C. Texas Environmental Update

On April 4, 2013, EPA Region 6 issued a letter that followed from lengthy debate between TCEQ and EPA regarding which agency has authority to permit non-greenhouse gas ("non-GHG") emissions above prevention of significant deterioration ("PSD") significance levels when PSD review is triggered solely by GHG emissions. Read More ›

Texas SIP Update

Beveridge & Diamond, P.C. Texas Environmental Update

On April 2, 2013, EPA published approval of revisions to the Texas State Implementation Plan ("SIP") for the Houston/Galveston/Brazoria ("HGB") 1997 8-hour ozone nonattainment area (78 Fed. Reg. 19599). The action finalizes EPA’s proposed approval of portions of two SIP revisions Texas submitted as meeting certain Reasonably Available Control Technology requirements for volatile organic compounds and oxides of nitrogen in the HGB area. EPA also finalized its proposal to approve the 2007 Voluntary Mobile Emission Reduction Program commitments for the HGB Area. The revisions will be effective on May 2, 2013. Read More ›

TERP Program Rebate Grants Available

Beveridge & Diamond, P.C. Texas Environmental Update

The Texas Commission on Environmental Quality ("TCEQ") is accepting applications for the Texas Emissions Reduction Plan ("TERP") Rebate Grants Program, for which $5,000,000 is currently available.  Read More ›

Upcoming TCEQ Meetings and Events (April 2013)

Beveridge & Diamond, P.C. Texas Environmental Update

TCEQ will host its annual Environmental Trade Fair and Conference at the Austin Convention Center from April 30 to May 1, 2013. A banquet will be held on the evening of May 2 during which the 2013 Texas Excellence Awards will be accepted. Additional information about this event is available on TCEQ's website.

Environmental Groups Request Probe Into Startup, Shutdown, Malfunction and Maintenance Events

Beveridge & Diamond, P.C. Texas Environmental Update

In a letter submitted by the Environmental Integrity Project ("EIP"), environmental groups have asked the EPA Inspector General to undertake a probe into startup, shutdown, malfunction and maintenance emissions of 20 companies in Texas that occurred during the period of 2009 to 2012. The groups specifically request that the Inspector General review enforcement taken by USEPA and TCEQ regarding facilities reporting the largest and most frequent events, and, in particular, examine how the affirmative defense has been applied in those cases. (Letter at 2.)   Read More ›

U.S. Supreme Court Rejects Petition to Hear Regulatory Takings Case Against State of Texas

Beveridge & Diamond, P.C. Texas Environmental Update

On April 22, the U.S. Supreme Court denied a petition filed by Hearts Bluff Game Ranch (the "Ranch") for review of a Texas Supreme Court decision that denied a takings claim brought by the Ranch against the State of Texas and the Texas Water Development Board.   Read More ›

Supreme Court Invites Solicitor General to File Brief Expressing United States Views on Texas-New Mexico Water Dispute

Beveridge & Diamond, P.C. Texas Environmental Update

On April 15, the U.S. Supreme Court invited the U.S. Solicitor General to file a brief expressing the views of the United States regarding a complaint filed in the U.S. Supreme Court by the State of Texas against the State of New Mexico regarding the allocation of water carried by the Rio Grande river. Texas’ complaint alleges that the the Rio Grande Project Act, enacted by the U.S. Congress in 1905, and the Rio Grande Compact, signed in 1938 by Texas, New Mexico and the State of Colorado ("Colorado"), require New Mexico to deliver specified amounts of Rio Grande water into Elephant Butte Reservoir, located near Engle, New Mexico.  Read More ›

New Hydraulic Fracturing Water Recycling Rules Published in Texas Register

Beveridge & Diamond, P.C. Texas Environmental Update

On April 12, 2013, new hydraulic fracturing water recycling rules (the "Water Recycling Rules") adopted by the Texas Railroad Commission on March 26, 2013 were published in the Texas Register. The Water Recycling Rules were adopted in order to encourage Texas hydraulic fracturing operators to conserve water used in the hydraulic fracturing process for oil and gas wells. Read More ›