Lloyd Gosselink News
Municipal Corner
Texas Water Code Subsection 12.013(a) gives the Public Utility Commission broad, general authority to fix water rates for any purpose provided by Water Code Chapters 11 and 12. Tex. Att’y Gen. Op. No. JS-0004 (2023). The Executive Director of… Read More
“Ask Sarah” Column
Dear Sarah, I am an HR manager, and I’m looking at a stack of projects that I am trying to prioritize. Our job descriptions haven’t been updated in years, but our policy manual was updated about two years ago. Read More
In the Courts
Water Cases Cactus Water Servs., LLC v. COG Operating, LLC, No. 08-22-00037-CV, 2023 WL 4846861 (Tex. App.—El Paso July 28, 2023, no pet. h.). COG Operating, LLC (“COG”), a mineral lessee, has the exclusive right to explore for and produce… Read More
Agency Highlights
United States Environmental Protection Agency (“EPA”) EPA’s Revised WOTUS Rule. EPA faced a range of options after the Supreme Court’s ruling in Sackett v. EPA narrowed the definition of the “waters of the United States” (“WOTUS”). EPA’s initial approach was… Read More
The Lone Star Current – July 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
A Wrap on the 88th Regular Session of the Texas Legislature but Special Sessions Continue
by Madison Huerta and Ty Embrey While the 88th Regular Session of the Texas Legislature ended when the state legislators adjourned Sine Die on May 29, the work for the state legislators appears to be far from over. The House… Read More
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
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