Texas High Court Could Complicate Water Permitting Fights

Law360, Dallas (February 22, 2013, 8:58 PM EST) -- The Texas Supreme Court will hear arguments Thursday over whether the state’s environmental agency has the authority to decide internally who can challenge water discharge permits, in a case closely watched by businesses that say the decision could potentially add significant cost and delay to the permitting process.

In two consolidated cases, the court will consider whether the Texas Commission on Environmental Quality overstepped its bounds when it told the city of Waco and interest group the Bosque River Coalition they didn’t qualify as “affected persons” with standing to challenge amendments to wastewater discharge permits filed by two central Texas dairies....

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