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20th Annual Texas Environmental Superconference

Administrative Case Law Update

20th Annual Texas Environmental Superconference
Peter T. Gregg
The Four Seasons, Austin, Texas
Thursday August 6 - 8, 2008
Contact: Peter Gregg at pgregg@bdlaw.com

Peter Gregg presented at the 20th Annual Texas Environmental Superconference, held August 6th - 8th at the Four Seasons in Austin, Texas.  Peter presented the Administrative Case Law Update to the approximately 550 participants at the conference.  Click here to access the written material that accompanied his presentation.  The material discusses approximately twenty-five state and federal decisions issued within the past year addressing administrative law issues potentially important to environmental practitioners.  The decisions include the Texas Supreme Court opinion in Guitar Holding Co., L.P. v. Hudspeth County Underground Water Conservation District No. 1, 51 Tex. Sup. J. 971, 2008 Tex. LEXIS 513 (Tex. May 30, 2008), in which the court held that while Chapter 36 of the Texas Water permits a water district to grandfather historic or existing uses of groundwater resources, the statute also requires that the district consider the purpose of the use (instead of just the quantity of the use) when assessing whether or not it qualifies as a historic and existing use.  The paper also summarizes CleanCOALition v. TXU Power, 2008 U.S. App. LEXIS 15392 (5th Cir. July 21, 2008), in which the Fifth Circuit rejected the use of the Clean Air Act's citizen suit provisions  to redress alleged pre-permit, preconstruction, and pre-operation CAA violations.