River Group Wins OK To Challenge Dairy's Water Permit

Law360, New York (August 3, 2011, 4:52 PM EDT) -- A Texas appeals court ruled Tuesday that a state environmental agency abused its discretion when it denied an advocacy group's attempt to challenge a water permit for a large dairy operation on the grounds that the group was not an “affected person.”

The appeals court reversed the Texas Commission on Environmental Quality's ruling, as well as a lower court's decision to uphold the ruling, and remanded the case back to the commission for a hearing.

In 2009, the TCEQ was considering a water quality permit application...
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