Texas Environmental Update - November 5, 2012


[authors: Tim Wilkins, John A. Riley and Christopher C. Thiele]

The environmental practice of Bracewell & Giuliani LLP offers seamless, front-rank representation in local, state, national, and cross-border regulatory, enforcement, and litigation matters, as well as experienced counsel on the environmental aspects of transactions and operations across the country and around the world. We are dedicated to helping clients successfully navigate complex and costly environmental issues and to building longstanding client relationships founded on superior advice, integrity, and value. We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated community in Texas.


Bracewell Giuliani Partner Jason Hutt on Fracking and Environmentalism
Corporate Crime Reporter, October 22, 2012


Agendas & Work Sessions

Commissioners' November 14, 2012 Meeting Agenda
TCEQ Web Site

Commissioners' October 31, 2012 Agenda Meeting Webcast

In the News:


State: Air in Texas City Is Safe
Galveston County Daily News, October 26, 2012
"TEXAS CITY - The latest air quality data released last week shows that benzene 'levels are below a level of concern in Texas statewide, including Texas City.'"
Monitor Posting Data on Air Quality Near Mansfield
Fort Worth Star-Telegram, October 23, 2012
"A monitor that automatically tests air quality around the clock and then posts the results online has started operations at a site southeast of downtown Mansfield, the Texas Commission on Environmental Quality said Tuesday."


TCEQ Approves Fines Totaling $227,878
TCEQ Web Site, October 31, 2012
"The Texas Commission on Environmental Quality today approved penalties totaling $227,878 against 17 regulated entities for violations of state environmental regulations."


Cheap Natural Gas Fuels Plant Expansions
Houston Chronicle, October 31, 2012
"Here's something to think about the next time you toss a plastic milk carton in the recycling bin: You're part of the natural gas revolution, and a $15 billion expansion at chemical plants along the Texas Gulf Coast will bring it closer to home than ever."

Regulatory Developments

What's New in TCEQ Rules
TCEQ Web Site, October 26, 2012


Why Texas Rice Farmers May Get Water Next Year
StateImpact Texas, October 22, 2012
"Once again, the Lower Colorado River Authority (LCRA) is coming under fire from some Central Texans."

Noxious Weed Fuels Green-Energy Debate
Houston Chronicle, October 30, 2012
"In the race to convert crops into energy, all eyes are on giant reed, a fast-growing and hardy grass species found throughout Texas and the southern United States."

Issues Facing Texas Legislature Will Impact Energy Industry
MyWestTexas.com, October 25, 2012
"When the next session of the Texas Legislature opens in January, 'it will be about money,' said State Rep. Tom Craddick, who has represented the Midland area since taking office in 1969."

Feds Begin Collecting Additional Victim Impact Statements in Citgo Sentencing
Corpus Christi Caller-Times, October 25, 2012
"CORPUS CHRISTI - Federal prosecutors visited with about 90 Hillcrest and Oak Park residents Thursday as they began a search for additional people who may have suffered immediate health effects from emissions from two tanks at Citgo's East Refinery."

Natural Gas-Fired Power Plant to Arrive in 2015
Victoria Advocate, October 24, 2012
"POINT COMFORT - The group clambered up the metal stairs of the defunct ES Joslin power plant, and stepped out onto the roof."

CDP US Water Report 2012
Carbon Disclosure Project Web Site, 2012
"This report is based on analysis of 140 responses received by August 6, 2012 and investigates how a number of companies are turning some of the most complex water-related problems into opportunities to create value."

CDP Global Water Report 2012
Carbon Disclosure Project Web Site, 2012
"This report is based on analysis of 185 responses received by August 6, 2012 and investigates how companies are using collaborative approaches to solving some of the most complex water-related problems."

EPA Regulations: Too Much, Too Little, or On Track? [Congressional Research Service Report]
Federation of American Scientists Web Site, October 5, 2012
"Since Barack Obama was sworn in as President in 2009, the Environmental Protection Agency (EPA) has proposed and promulgated numerous regulations implementing the pollution control statutes enacted by Congress."

Beneficial Use of Coal Combustion Residuals Survey Report
Association of State and Territorial Solid Waste Management Officials Web Site, September 2012
"In light of events associated with beneficial uses of coal combustion residuals (CCRs), the Association of State and Territorial Solid Waste Management Officials' (ASTSWMO) Beneficial Use Task Force (BUTF) decided to update the information it had on current State regulations regarding the beneficial use of CCRs."

Water Management in Shale Gas Plays
IHS Web Site, August 2012
"In this white paper we focus on water treatment, transport, and disposal as key concerns in shale gas development, including national trends and specific information relating to the Pennsylvania region of the Marcellus play."


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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