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Texas

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit upheld an EPA rule partially approving and partially disapproving revisions to Texas' SIP concerning civil penalties for excess emissions resulting from startup, shutdown, and malfunction (SSM) activities....

Edwards Aquifer Authority v. Day

The Texas Supreme Court held that landowners have an ownership interest in the water beneath their property that cannot be taken for public use without adequate compensation under the Texas Constitution. The Texas courts have long...

E-Z Mart Stores, Inc. v. Ronald Holland's A-Plus Transmission & Automotive, Inc.,

A Texas appellate court reversed and remanded a $550,019 judgment awarded to property owners in their suit against a neighboring convenience store for damages stemming from a leaking UST. The evidence was legally sufficient to show...

Del-Ray Battery Co. v. Douglas Battery Co.

The Fifth Circuit held that the Superfund Recycling Equity Act (SREA)—an amendment to CERCLA that exempts certain recyclers from liability for cleanup costs under CERCLA and awards costs and fees to any recyclers improperly sued for...

Severance v. Patterson

The Supreme Court of Texas, on certification from the U.S. Court of Appeals for the Fifth Circuit, held that Texas does not recognize a "rolling" public beachfront access easement on Galveston's West Beach. Land patents from the...

Waco, City of v. Texas Comm'n on Envtl. Quality

A Texas appellate court affirmed the Texas Commission on Environmental Quality's denial of a city's hearing request concerning a dairy's application for a major amendment to its concentrated animal feed operation permit. The amendment...

In re Premcor Ref. Group Inc.

A Texas appellate court vacated a lower court order denying oil refineries' motions to dismiss individuals' personal injury claims stemming from their exposure to allegedly dangerous emissions from the refineries' facilities. Although...

Osage Envtl., Inc. v. Railroad Comm'n of Texas

A Texas appellate court upheld a state railroad commission order requiring a company to obtain a permit to receive and store oilfield waste consisting primarily of oil-based drill cuttings—bits of rock and soil that are byproducts of...

Borg-Warner Corp. v. Flores

The Supreme Court of Texas dismissed a brake mechanic's negligence claim against his former employer for asbestos-related injuries. A plaintiff must prove that the defendant's product was a substantial factor in causing the alleged harm...