Texas Supreme Court Issues Opinion on TCEQ Wastewater Permitting Case

The Supreme Court of Texas issued its Opinion earlier today on an important discharge permitting case that affirms TCEQ’s approach to implementing antidegradation requirements.  In Save Our Springs Alliance v. TCEQ and City of Dripping Springs, the Court affirmed TCEQ’s permitting decision on the City of Dripping Springs’ discharge permit, over objections that increased nutrient loadings allowed under the permit would violate antidegradation rules because of decreases in dissolved oxygen levels (and increases in total phosphorus and total nitrogen). 

The Supreme Court found that TCEQ correctly followed its own Implementation Procedures (approved by EPA) under the existing Texas Surface Water Quality Standards, and declined to adopt Save Our Springs’ argument that a 10% lowering of dissolved oxygen would amount to degradation per se of water quality.  The Court looked at the underlying rules’ requirements that look at whether overall water quality is degraded, rather than isolating particular parameters impacted by a permitting decision, and ultimately held that TCEQ did not violate applicable antidegradation rules. 

For questions and follow-up, multiple Water Practice Group attorneys can provide insight, including Managing Principal Lauren Kalisek (512-322-5847) and Practice Group Chair Mike Gershon (512-322-5872).  This update was prepared by Nathan Vassar (512-322-5867).