Texas High Court Blocks Waco From Challenging Water Permit

Law360, Dallas (August 23, 2013, 7:23 PM EDT) -- The Texas Supreme Court said Friday that the state’s environmental agency had the authority to decide internally who has the right to challenge water discharge permits, overturning a ruling that the agency had erred by denying the city of Waco a contested case hearing.

In a unanimous decision, the court said the governing statutes confer on the Texas Commission on Environmental Quality the discretion to decide whether a permit amendment merits a public hearing if it determines the proposed change wouldn’t significantly increase waste discharge or...
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