Jeff Civins, “Texas Rulings Could Ease Permit Battles At TCEQ” (Law360)

In a May 2 article, Law360 quoted professor Jeff Civins on recent Texas appellate rulings that give broad discretion to the Texas Commission on Environmental Quality in determining whether opponents of proposed air- and water-quality permits are entitled to a formal administrative hearing, potentially allowing applicants to avoid lengthy court battles and years of delay. “[T]he contested case hearing process, which Texas adopted in the mid-1970s, gives people opposed to a project ‘a significant gun to hold to the head of a project developer,’” says Civins. “[T]he recent rulings are ‘more process than substance … [f]rom an applicant’s perspective, you’ve got to be a little discouraged.’”