Lloyd Gosselink News

New “Physical Capabilities” Test for 7 U.S.C. 1926(b) Debtors Applied to Dismiss CCN Decertification Complaint

by David Klein and Maris Chambers As we have reported in a number of recent editions of The Lone Star Current, the legal and regulatory landscape governing the protection afforded under 7 U.S.C. § 1926(b) to holders of water and… Read More

Municipal Corner

The common-law reserved powers doctrine could limit whether a home-rule municipality may enter a contract that would prohibit decertification of a special utility district’s certificate of convenience and necessity in the future. Tex. Att’y Gen. Op. KP-0340 (2020). The Honorable… Read More

“Ask Sheila” Column

Dear Sheila, We have received an internal complaint at our company where a Black employee accused another Black employee of using racial slurs against her. The accused employee defended herself by saying that she felt these are acceptable words to… Read More

In the Courts

Water Cases Tex. v. New Mexico, 65, ORIG., 2020 WL 7327826 (U.S. Dec. 14, 2020). This water dispute between Texas and New Mexico concerns the evaporative losses associated with water stored in New Mexico upon the request of Texas’s Pecos… Read More

Agency Highlights

United States Environmental Protection Agency (“EPA”) EPA finalizes changes to the Lead and Copper Rule. On December 22, 2020, EPA released the pre-publication version of the Lead and Copper Rule under the Safe Drinking Water Act. The final rule deviates… Read More

The Lone Star Current – October 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… Read More

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

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