August 2013
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


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Fifth Circuit Panel Hears Oral Argument in Whooping Crane Lawsuit Appeal

A three-judge panel of the Fifth Circuit Court of Appeals heard oral arguments in early August on the appeal of the decision rendered by the U.S. District Court for the Southern District of Texas in The Aransas Project v. Shaw.

Texas Supreme Court Affirms TCEQ Discretion to Grant Contested Case Hearings

The Texas Supreme Court recently affirmed TCEQ’s discretion to determine when a contested case is "authorized by law" under its public participation rules. In doing so, the Court denied the City of Waco’s request for a contested case hearing on a dairy farm application for a water permit amendment.

Application for Advanced Review of Compliance History Due August 31

Registration for TCEQ’s Advanced Review of Compliance History ("ARCH") program will end on August 31, 2013.  The ARCH program enables regulated entities to review and comment on their compliance history information during a 30-day period prior to such information being published on TCEQ’s website.

Section 185 Fee Baseline Amount Submittal Deadline for Houston Area Sources

By September 19, 2013, major stationary sources of nitrogen oxides and/or volatile organic compounds in the Houston-Galveston-Brazoria nonattainment area must submit information to establish baseline amounts for the federal Clean Air Act Section 185 failure to attain fee.

TCEQ’s Proposed Water Quality Standards Open for Comment Until October 24

Proposed revisions to TCEQ’s water quality standards are currently out for public comment as part of the triennial review process required by the Clean Water Act and the delegated TPDES program in Texas.

Latest Development on Brazos River Senior Water Rights Call

Water rights seniority and priority of uses continue to be active issues affecting the Brazos River system.

Insurer Required to Defend Waste Disposal Well Operator in Lawsuits Arising from Sinkhole Collapse

On August 1, 2013, the Texas Court of Appeals (Thirteenth District) held that an insurer owed a duty to defend a waste disposal well operator in four lawsuits arising from damage caused by the collapse of a sinkhole at the well site.

EPA Proposes Victoria County SIP Revision Approval

On August 8, 2013, EPA published its proposal to approve and direct final rule revisions to the Texas State Implementation Plan consisting of a maintenance plan for Victoria County required to ensure continued attainment of the 1997 eight-hour ozone National Ambient Air Quality Standard.

U.S. Fish & Wildlife Service Acts Regarding Central Texas Species

On August 20, 2013, the U.S. Fish and Wildlife Service published notice of its determination of endangered species status for the Austin blind salamander (Eurycea waterlooensis) and threatened species status for the Jollyville Plateau salamander (Eurycea tonkawae) pursuant to the Endangered Species Act, and its designation of critical habitat for these species in Travis and Williamson Counties, Texas.

TCEQ Accepting Texas Environmental Excellence Awards Applications

TCEQ is accepting applications through October 4, 2013 for the 2014 Texas Environmental Excellence Awards ("TEEA").

Upcoming TCEQ Meetings & Events

  • TCEQ will conduct its annual Advanced Air Permitting Seminar and Oil and Gas Facilities Workshop on September 25 and 26, 2013, respectively, at the Austin Convention Center.
  • TCEQ’s 2013 Water Quality/Stormwater Seminar will be held on October 3-4, 2013 in Austin.
  • The Zero Waste Network’s 2013 Pollution Prevention and Lean Principles Workshops will be held in Austin (September 17-19, 2013), Arlington (October 1-3, 2013), and Houston (November 5-7, 2013).
  • TCEQ will host a Dallas/Fort Worth Nonattainment Area SIP Meeting on September 5, 2013.

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in August can be found on TCEQ’s website.

Recent Texas Rules Updates

For information on recent TCEQ rule developments, please see TCEQ’s website.


Senate TSCA Hearing Highlights Perils of Path Forward for Updated Chemicals Management Framework

A Senate Environment and Public Works Committee hearing held on July 31, 2013 provided lawmakers with a breadth of perspectives on Toxic Substances Control Act  reform. It also gave observers a window into the possible future of the bipartisan Chemical Safety Improvement Act, S. 1009.

GAO Advocates for Increased Attention on Adapting to the Effects of Climate Change

The US Government Accountability Office (GAO), the federal government’s non-partisan internal auditor, has jumped into the climate change fray, arguing that the federal government must improve how it is addressing the effects of climate change, in addition to and irrespective of any actions taken to prevent or reverse it.

7th Circuit Decision on Application of Statute of Limitations to PSD Violations Could Hinder EPA Enforcement Initiative

The Seventh Circuit Court of Appeals’ July 8, 2013 decision in United States v. Midwest Generation, LLC, Case Nos. 12-206 & 12-1051, could have implications on EPA’s longstanding Flaring Enforcement Initiative.

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in July can be found on TCEQ’s website.

Recent Texas Rules Updates

For information on recent TCEQ rule developments, please see TCEQ’s website.


Beveridge & Diamond Announces Leadership Role in Law Firm Sustainability Network

Washington, D.C. -- Beveridge & Diamond, PC ("B&D") proudly announces its leadership role in and support for the newly incorporated Law Firm Sustainability Network ("LFSN"). As a founding member of LSFN, the Firm helps steer the Network by serving on its Leadership Council and its Board of Directors.

Beveridge & Diamond Wins Preemption of County Solid Waste Limits in California Court of Appeal

Litigators from the Firm’s California and Washington offices won a major ruling in the California Court of Appeal on July 31 when a unanimous panel ruled that California law preempted a voter initiative that sought to limit solid waste imports into Solano County California.

Benjamin F. Wilson to Receive ABA’s Environment, Energy, and Resources Dedication to Diversity and Justice Award

Beveridge & Diamond, P.C. is pleased to announce that Benjamin F. Wilson, the Firm’s Managing Principal, will receive the 2013 Dedication to Diversity and Justice Award, presented by the American Bar Association (ABA) Section of Environment, Energy, and Natural Resources at the ABA Annual Meeting on August 11 in San Francisco, CA.

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