Lloyd Gosselink News
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
Municipal Corner
Without evidence in the statutes of the Legislature’s clear and unmistakable intent to preempt all local ordinances affecting dams, a court would likely conclude that a local regulation will be invalid only to the extent inconsistent with a state regulation. Read More
“Ask Sheila” Column
Dear Sheila, We are considering a temporary 20 percent reduction in hours and wages for many of our employees, because of current pandemic-related economic conditions. Will these employees be eligible for unemployment? Yours truly, Tough Times Dear Tough Times, Probably… Read More
In The Courts
Water Cases Bush v. Lone Oak Club, LLC, 18-0264, 2020 WL 1966931 (Tex. Apr. 24, 2020). This case is a title dispute between the Commissioner of the General Land Office and the Lone Oak Club—a private landowner—over portions… Read More