Lloyd Gosselink News
Updated COVID-19 Hot Topics for Employers
by Sheila Gladstone, Sarah Glaser, and Emily Linn Perhaps the most significant event this year (in a year full of significant events) is the novel coronavirus (COVID-19) pandemic. With the rapid spread of the virus in the United States, the… Read More
TCEQ’s New Recycling Rules Now in Effect
by Sam Ballard The Texas Commission on Environmental Quality’s (“TCEQ”) new Governmental Entity Recycling Rule Package went into effect on July 2, 2020. The new rules require non-exempt governmental entities to do the following: Establish a program for the separation… Read More
The U.S. Court of Appeals – Fifth Circuit’s Sea Change Opinion Regarding the Scope of Federal Protection of CCNs from Decertification Under 7 U.S.C. § 1926(b)
by David J. Klein and Danielle N. Lam For many years, we have been reporting and updating our readers on the ever-changing landscape of the regulation of water and sewer certificates of convenience and necessity (“CCN”) in Texas. Typically, these… Read More
Municipal Corner
Municipal electricity and natural gas bills must be released under the Texas Public Information Act notwithstanding any arguments that they contain “commercial or financial information” that could competitively harm the utility provider. Tex. Att’y Gen. OR2020-19766. William Chesser, City Attorney… Read More
“Ask Sheila” Column
Dear Sheila, With so many employees working from home this year, our Director is questioning our non-exempt employees’ overtime claims, or even if they are working a full day. He suspects other employees of working on nights and weekends but… Read More
In the Courts
Water Cases Hyde v. Harrison County, No. 14-18-00628-CV, 2020 WL 4360350 (Tex. App.—Houston [14th Dist.] July 30, 2020, no pet. h.). Following a Texas Commission on Environmental Quality (“TCEQ”) investigation that determined that Harrison County had failed to… Read More
Agency Highlights
Environmental Protection Agency (“EPA”) EPA ends temporary COVID-19 enforcement policy. In a memo from June 29, 2020, EPA announced that its temporary policy on “enforcement discretion” during the COVID-19 pandemic will end on August 31, 2020. The temporary… Read More
The Lone Star Current – July 2020 Edition
Don’t forget – if there is ever a topic that you would like for us to cover, please reach out to our Managing Editor, Chris Brewster, at 512.322.5831 or cbrewster@lglawfirm.com. Otherwise, enjoy our latest issue! If you would like to… Read More
A New Wrinkle in Processing Landowner CCN Decertification Petitions?
by David J. Klein and Maris M. Chambers The one constant in life is change, and recent developments at the Public Utility Commission (“PUC”) regarding petitions by landowners for decertification from a water and/or wastewater certificate of convenience and necessity… Read More
U.S. Supreme Court Reaches Decision on NPDES Permitting in Maui Case
by Nathan E. Vassar It isn’t often that the U.S. Supreme Court addresses water quality permitting, but earlier this spring the High Court issued a ruling on the heavily followed case, County of Maui v. Hawaii Wildlife Fund, et al. Read More
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