Lloyd Gosselink News

Municipal Corner

A municipality may not use maintenance and operations property tax for debt service, nor may it obligate itself to transfer funds to a local government corporation indefinitely. Tex. Att’y Gen. Op. No. KP-0444 (2023). The Chairman of the Texas Senate… Read More

Utility Takeaways from the 88th Legislative Session

by Roslyn Dubberstein Two years after Winter Storm Uri—the February 2021 winter weather event that left millions without power—utility issues remained a frontrunner during this year’s legislative session. Legislators filed approximately 300 bills relating to electric and gas utilities; of… Read More

U.S. Supreme Court Significantly Reduces Federal Waters Jurisdiction

by Jessie Spears and Nathan Vassar Nearly two years after its decision in County of Maui v. Hawaii Wildlife Fund regarding “waters of the United States” (“WOTUS”), the United States Supreme Court issued a decision curtailing the reach of federal… Read More

Summer Checklist for TCEQ Compliance/Protection

by Nathan Vassar As the calendar has now moved to summer, there are several tools utilities and other regulated entities should consider for their own enforcement protection, particularly as some options only become available in the late summer months. Among… Read More

“Ask Sarah” Column

Dear Sarah: We employ a community relations manager whose main duty is to go out into the community, attend functions, meet with various groups, and other outside activities. This employee has just informed us that his chronic illness requires him… Read More

In the Courts

Water cases San Antonio Water Sys. v. Matiraan, Ltd., No. 04-22-00138-CV, 2023 WL 2290301 (Tex. App.—San Antonio Mar. 1, 2023, no pet. h.). The San Antonio Water System (“SAWS”) was granted a conservation easement (the “Easement”) for the purpose of… Read More

Agency Highlights

United States Environmental Protection Agency (“EPA”) EPA Proposes More Stringent Effluent Limits for Coal-fired Power Plants. EPA issued a proposed rule that would strengthen wastewater discharge standards for coal-fired power plants through tightened effluent limitation guidelines (“ELGs”). ELGs are technology-based… Read More

The Lone Star Current – April 2023 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, Sara Thornton, at 512.322.5876 or sthornton@lglawfirm.com. Otherwise, enjoy our latest issue! If you would like to receive… Read More

Texas Supreme Court to Determine ERCOT’s Winter Storm Uri’s Liability

by Rick Arnett On January 9, 2023, the Texas Supreme Court heard oral arguments in Electric Reliability Council of Texas, Inc. v. CPS Energy, 648 S.W.3d 520 (Tex. App.—San Antonio 2021, pet. granted) and Panda Power Generation Infrastructure Fund, LLC… Read More

Taking Advantage of the Fair Market Value Metholology for Ratemaking Purposes in Water/Sewer System Acquisitions

by David Klein and Chloe Daniels It is commonplace in Texas for retail water and sewer systems to be bought and sold, and when the parties to such a transaction involve a for-profit utility and/or non-profit water supply corporation, the… Read More

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