State Commission Didn't Abuse Discretion In Denying Water Qualify Permit Hearing

摘要

The Texas Commission on Environmental Quality didn't abuse its discretion when it denied a hearing request by downstream riparian property owners regarding an application by an upstream dairy farm to amend its water quality permit, the state supreme court ruled (Texas Comm'n on Envtl.Quality v.Bosque River Coal., Tex., No.11-0737, 9/20/2013). In a Sept. 20 opinion, the Supreme Court of Texas reversed the state appeals court, reasoning that because the amended permit neither significantly increases nor materially changes the dairy farm's discharge of waste, a contested case hearing wasn't required. This ruling upholds the amended permit.