Texas Environmental Update - November 14, 2012

by Bracewell LLP

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.


Top Energy and Environment Issues in the Wake of the 2012 Election
Bracewell & Giuliani Legal Blog, November 13, 2012
Regardless of the final result, one thing is certain: the debate that took place in the 2012 election cycle over energy and environmental issues was a diametrically different debate that the one that took place just four years ago. Cap-and-trade legislation? Nowhere to be seen or heard. Climate change? See cap-and-trade. Shale gas development? A [...]

Bracewell Analyzes Post-Election Prospects for Shale Gas Industry
Bracewell & Giuliani Energy Legal Blog, November 12, 2012
In a video interview following the 2012 elections, Bracewell's Salo Zelermyer (Policy Resolution Group) and Lowell Rothschild (Environmental Strategies Group) analyze the prospects for shale gas development in the United States. Their discussion focused on the full range of concerns that shale developers could face in the coming year, including: the role of job creation; [...]

Segal Analyzes Post-Election Energy and Environmental Issues
Bracewell & Giuliani Energy Legal Blog, November 9, 2012
 In a video interview following the 2012 elections, Scott Segal, head of the Bracewell & Giuliani's Policy Resolution Group, analyzed the prospects for energy and environmental issues following the 2012 elections. Scott's discussion focused on the regionalized nature of the election in battleground states; the close relationship between energy policy and job creation in battleground [...]

Will Decker Hobble Future Attempts at Clean Water Act Permit Streamlining?
Bracewell & Giuliani Energy Legal Blog, November 7, 2012
This session, the Supreme Court is hearing a case to which you probably hadn't paid much attention, even if you focus on environmental law - Decker v. Northwest Environmental Defense Center. But you should, since Decker could significantly help - or hurt - future attempts by EPA to streamline the Clean Water Act permitting program [...]


Agendas & Work Sessions

Commissioners' November 14, 2012 Agenda Meeting Webcast

In the News:


Editorial: Another Summer, Another Dallas-Fort Worth Ozone Failure
Fort Worth Star-Telegram, November 7, 2012
"For North Texas, another ozone season is behind us, another failure to meet federal clean air standards -- even under an old standard that we almost but didn't quite meet in 2009 and 2010."


TCEQ Approves Fines Totaling $972,957
TCEQ Web Site, November 14, 2012
"The Texas Commission on Environmental Quality today approved penalties totaling $527,667 against 46 regulated entities for violations of state environmental regulations."

Regulatory Developments

What's New in TCEQ Rules
TCEQ Web Site, November 12, 2012


With Drier Forecast, LCRA Staff Suggests Less Water Be Released for Rice Farmers in 2013
Austin American-Statesman, November 11,2012
"After a month of below-normal rainfall and under pressure from Central Texas officials and businesses, Lower Colorado River Authority staff members are recommending that the utility release less water in 2013 to downstream rice farmers than the current state-approved water plan requires."
EPA Could Use Clean Air Act Provision to Reduce Electricity Demand
Roll Call, November 13, 2012
"As the EPA prepares new regulations to limit greenhouse gas emissions at existing power plants, some environmental groups are urging the agency to address the issue by reducing electricity demand through energy efficiency standards that could save ratepayers and utilities money."

Request for Information to Inform Hydraulic Fracturing Research Related to Drinking Water Resources

77 Federal Register 67361, November 9, 2012

Re-Election Greenlights Host of EPA Rules, Solidifies Regulation of Greenhouse Gases
Bloomberg BNA, November 8, 2012
"President Obama's re-election gives the green light to a host of air pollution and other pending environmental rules and will ensure that one of the president's few tools for curbing U.S. greenhouse gas emissions--Environmental Protection Agency regulations--will live on."

Operators May Be Caught Off Guard by Tank Battery Emissions Rules
MyWestTexas.com, November 7, 2012
"Thanks to unconventional resource plays like the Wolfberry and Bone Spring, Permian Basin oil and gas producers have significantly increased oil and gas production."


Proposed Rule, Reopening of Comment Period; Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Impact Analyses of Critical Habitat
77 Federal Register 66946, November 8, 2012

Christi Craddick Handily Wins Seat on Railroad Commission
MyWestTexas.com, November 7, 2012
"Former Midlander Christi Craddick was elected to the Railroad Commission Tuesday, winning the seat formerly held by Elizabeth Ames Jones by an 18-point margin with 85 percent of precincts reporting over Democrat Dale Henry."
Neighbors Set to Sue Hartman on Development
San Antonio Express-News, November 9, 2012
"Gordon Hartman is back in the development business, and his latest project that would turn a 527-acre ranch into a 1,493-house subdivision on the far Northeast Side is causing problems with the neighbors, who claim he is violating the Endangered Species Act and threatening San Antonio's water supply."
Ripe for Retirement: The Case for Closing America's Costliest Coal Plants
Union of Concerned Scientists Web Site, October 2012
"This report examines and evaluates the economic viability of our nation's remaining coal-fired electricity generating units."


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.

© Bracewell LLP | Attorney Advertising

Written by:

Bracewell LLP

Bracewell LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.