Texas Legislature Re-Reforms Contested Case Permit Process

Law360, New York (June 10, 2015, 10:54 AM EDT) -- Because Texas law does not provide for zoning restrictions outside most municipal areas, environmental permit proceedings before the Texas Commission on Environmental Quality often are the only resort for those seeking to block unwanted development. That permit process includes a right for "affected persons" to obtain a contested case hearing (administrative adjudication) following the completion of the TCEQ executive director's technical review of the permit application(s) filed for the project. Generally speaking, the same process governs all environmental permits, whether for air emissions, wastewater discharges or solid waste disposal, although each program differs in procedural detail and in its susceptibility to contested case review....

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