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Environmental Blog

  • 11
  • May
  • 2016


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EPA Accused of Deceiving District Court Regarding Blending and Mixing Zone Policies Under CWA

The most recent development in EPA’s struggle with challenges to its ‘blending’ and ‘mixing zones’ policies is interesting, to say the least. On May 2, 2016, in a Freedom of Information Act (“FOIA”) lawsuit in the District Court for the District of Columbia, EPA was accused by plaintiff Hall & Associates (H&A) of misleading the court when it submitted a declaration that the plaintiffs characterized as “a complete and utter fabrication.”

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White House Announces Another Plank in its Environmental Platform - Plan for a Sustainable Water Future

As it looks down the home stretch of its second term, the Obama Administration has been steadily ramping up measures to solidify its environmental legacy, particularly with its climate change agenda. Linked to its climate change measures is a recent Administration announcement of a program for addressing challenges with the use, conservation, and availability of water in the United States. The White House believes that the country will experience more frequent, intense, and longer droughts because of climate change impacts.

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  • 16
  • October
  • 2015

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Texas Supreme Court Denies Review of a Water Well Damage Dispute

On September 25, the Supreme Court of Texas denied a petition for review filed by Canadian River Municipal Water Authority. Canadian argued that property owner Hayhook Ltd. could not file suit to enforce a settlement agreement between the parties, and sought reversal of a ruling by the Seventh Court of Appeals that held that governmental immunity cannot be invoked to evade enforcement of a settlement agreement that covers claims for which immunity had been waived. 

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  • 24
  • September
  • 2015

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Long-Awaited Resolution of the Conflict over the Marvin Nichols Reservoir (Possibly)

On September 9, 2015, the Texas Water Development Board (“TWDB” or the “Board”) voted unanimously that an “interregional conflict” existed between the Region C Regional Water Planning Area (“Region C”) and Region D Regional Water Planning Area (“Region D”) initially proposed regional water plans (“IPPs”) for 2016, triggering third-party mediation, which the Board ordered to begin on or before October 5, 2015. 

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  • 04
  • August
  • 2015

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SWIFT Funds Start Flowing

Last week, the Texas Water Development Board awarded $3.9 billion for water infrastructure projects as part of the inaugural round of loans from the State Water Implementation Fund (SWIFT). Twenty-one state entities will receive financial assistance for thirty-two projects identified as recommended water strategies the 2012 State Water Plan. 

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Texas Legislature Authorizes New Public-Private Partnership Center

Legislation passed by the Texas Legislature may catalyze more private investment in water infrastructure across the Lone Star State. House Bill 2475, signed into law by Governor Abbott on June 19, establishes a new “center for alternative finance and procurement” that will assist government entities in selecting public-private partnership projects for nearly any type of public infrastructure. The law will take effect on September 1, 2015.

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Margaret E. Peloso

Margaret E. Peloso Partner

Carrick Brooke-Davidson

Carrick Brooke-Davidson Counsel

Jennifer Cornejo

Jennifer Cornejo Associate

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Counsel

Ross Woessner

Ross Woessner Associate

Jay Rothrock

Jay Rothrock Senior Associate