Beveridge & Diamond

Beveridge & Diamond Secures Appellate Victory for Luminant in Texas, Defending Power Plant Permit

June 6, 2014

Beveridge & Diamond secured a favorable ruling in Texas’s Third Court of Appeals, successfully defending a Texas Pollutant Discharge Elimination System (TPDES) permit for a power plant on behalf of Luminant in Robertson County: Our Land, Our Lives v. Texas Commission on Environmental Quality.  The appellate court’s opinion, filed on June 6, 2014, upholds a ruling secured by the Firm in a Texas state district court in January 2012 and is a case of first impression in Texas concerning the requirements for “cooling water intake structures” for existing power plant facilities.  With the recent issuance of new federal regulations for cooling water intake structures at existing facilities, the case positions the Firm on the forefront of NPDES regulations, and state implementations, affecting the nation’s energy sector. 

Bryan Moore, a Principal in the Firm’s Texas office, served as lead counsel for the permittee and argued the case before the appellate court.

For more information, please contact Bryan Moore (