Lloyd Gosselink News
What to Watch for in the Next SCOTX Term
by James F. Parker It is that time of year when our attention turns toward the normal summertime pursuits—baseball, cook-outs, and the next term of the Texas Supreme Court. So for your summertime beach reading, may we offer the briefs… Read More
Major U.S. Supreme Court Decisions in Enviro/Admin Agency Law
SCOTUS ADOPTS “MAJOR-QUESTION DOCTRINE” TO OVERTURN EPA CLEAN POWER PLAN. Is this a preview of things to come in the next term when SCOTUS takes up WOTUS again? The Supreme Court this morning issued its decision in West Virginia v. Read More
COVID-19 Update: Litigation
by James Parker Along with the rest of the Firm (and much of the world) the Litigation Practice Group (“LPG”) is working from home. But aside from the surroundings, little has changed. Courts are still operating. And, in fact, the… Read More
City Shuts Down Site Threatening its Water Reservoir
City of Cleburne Reaches Settlement to Abate Violations of TCEQ Registration When TCEQ issued a domestic-septage registration to Harrington Environmental LLC—a company with a history of violating TCEQ regulations—allowing it to dispose of septage on land just upstream from its… Read More
Action to Protect Environmental Resources: Lessons from the City of Cleburne and Johnson County’s Fight to Protect Its Drinking Water
By James Parker, Maris Chambers, and Emily Linn For cities, counties and other public utilities and districts, protecting environmental resources from pollution is a paramount concern. When a regulatory body issues a registration or permit that threatens a public resource,… Read More
Texas Supreme Court immunity case holds that specific performance is now an available remedy in certain breach of contract cases against governmental entities
Today, March 15, 2019, in its potentially sweeping decision in Hays Street Bridge Restoration Group v. City of San Antonio, the Texas Supreme Court held that the Local Government Contract Claims Act (“the Act”) waives governmental immunity for the remedy of… Read More
Third Court of Appeals Provides Clarity in Chapter 1205 Bonds Validation Lawsuits
By José de la Fuente An unusual and sometimes mysterious creature of Texas law – Chapter 1205 of the Texas Government Code, which allows for expedited declaratory judgment actions to validate public bonds – has recently become less… Read More
Texas Supreme Court to consider allowing plaintiffs to sue governmental entities for specific performance on a contract—why that should concern you and what you need to know
Last Friday, the Texas Supreme Court took action in Hays Street Bridge Restoration Group v. City of San Antonio that may concern local governmental entities. Hays Street Bridge questions whether governmental immunity is waived for the remedy of specific performance under the Local… Read More
In the Courts – Governmental Immunity
by James F. Parker San Antonio River Auth. v. Austin Bridge & Road, L.P., No. 04-16-00535-CV, 2017 WL 3430897 (Tex. App.—San Antonio Aug. 9, 2017, pet. filed). It makes sense, but we needed a court to say it—whether a… Read More
To Protect and Serve: Policing Your Intellectual Property
by Lauren S. Aldredge Earlier this year, the Arlington Police Department (“APD”) learned that the logo displayed on its police cars had been imported into the Grand Theft Auto V video game. Apparently, a third-party graphics company had uploaded… Read More
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