Good Antidegradation Ruling in Texas of all places.
- albertettinger
- Nov 2, 2020
- 1 min read
In Save our Springs v. Texas Commission on Environmental Quality, D-1-GN-10-003030 William Bunch and Kelly Davis of Save Our Springs won a judgment in Texas District Court throwing out an agency decision that would have allowed a discharge by the City of Dripping Springs that would have lowered water quality in Onion Creek and harmed aquatic life uses. Law developed in Ky. Waterways Alliance v. Johnson, 540 F.3d 466, 483 (6th Cir. 2006) is cited.
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Sounds like this is going to the TX Supreme Ct. And - very ironically - the Chevron decision might result in somediminishment of the regulatory agency's latitude to conduct expedited and somewhat perfunctory antideg reviews: https://www.lglawfirm.com/both-u-s-supreme-court-and-texas-supreme-court-make-headlines-on-significant-administrative-law-and-water-quality-issues/