Texas Takes Firm Stance Toward Local Environmental Fines

Law360, New York (July 24, 2015, 12:15 PM EDT) -- On June 16, 2015, Texas Gov. Greg Abbott signed into law H.B. 1794, a unique piece of legislation effectively limiting local governments' authority to recover fines and penalties for environmental violations alleged against regulated actors. By all accounts, the legislation is one of the first of its type in the country and has sparked sharp debate between the regulated community, local governmental officials and environmental advocacy groups. Proponents suggest H.B. 1794 was necessary to circumscribe efforts by local governments to bring suits against business owners seeking penalties disproportionate with the alleged violation. Those opposed to the legislation suggest it is potentially a Pandora's box, opening the door to undeterred noncompliance....

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