September 28, 2012
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8025
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8040
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8010
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8020
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8030

For more information about our firm, please visit www.bdlaw.com.

Office Locations:
› Washington, DC
› Maryland
› New York
› New Jersey
› Massachusetts
› Texas
› California

 

TEXAS DEVELOPMENTS

 

Ron Curry Appointed As New EPA Region 6 Administrator

The Obama administration has appointed Ron Curry as the new Administrator of EPA Region 6.

TCEQ and EPA Resolve Issues Related to Title V Permit Incorporation By Reference

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.

Texas Supreme Court Dismisses Landowners Takings Claim Against State of Texas and Texas Water Development Board

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.

Texas Supreme Court Clarifies Burden of Proof for Consent Element in Trespass Cases

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]."

TERP Emissions Reduction Incentive Grant Application Period

The Texas Commission on Environmental Quality’s Texas Emissions Reduction Plan Program is currently accepting applications for its Emissions Reduction Incentive Grants Program.

TCEQ Meetings and Events

  • Authorization of MSS Emissions from Oil & Gas Facilities Outside the Barnet Shale Counties

  • Chapter 115 Stakeholders Group regarding Stage II Vapor Recovery

NATIONAL DEVELOPMENTS

Unprecedented Pesticides Criminal Penalty and Civil Settlement Announced

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).

 
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