Tex. Comm’n on Envtl. Quality v. Bosque River Coalition

This proceeding arose from an application to amend an existing water-quality permit filed by the owner and operator of a dairy farm located in the North Bosque River watershed. The City of Waco and Bosque River Coalition opposed the proposed permit. After the executive director of the Texas Commission on Environmental Quality determined that the application and draft permit met the requirements of applicable law, the Coalition asked to intervene as a party in a contested case hearing. The Commission denied the request, finding that the Commission lacked standing, and issued the permit. The district court affirmed, but the court of appeals reversed, finding that the Coalition was an "affected person" as defined by the Texas Water Code and thus was entitled to a contested case hearing. The Supreme Court reversed, holding that, pursuant to Texas Commission on Environmental Quality v. City of Waco, the companion to this case, the Coalition's status as an affected person was not determinative of the right to a contested case hearing because the Water Code expressly exempted the proposed amendment from contested case procedures. View "Tex. Comm'n on Envtl. Quality v. Bosque River Coalition" on Justia Law