In a victory for the Greater Edwards Aquifer Alliance and individual property owners in Comal County, Irvine & Conner succeeded in obtaining an order reversing and remanding a Texas Commission on Environmental Quality (TCEQ) decision to issue a permit for discharged effluent over the Edwards Aquifer. The administrative appeal followed a contested case hearing in which an administrative law judge (ALJ) had decided that the permit should not be issued. The TCEQ issued the permit following the contested case hearing process. Irvine & Conner successfully argued that the TCEQ’s decision to issue the permit violated provisions of the Administrative Procedure Act.
The ruling is an important one for both water quality in the sensitive Edwards Aquifer and private property rights.
The case is Patricia Graham et al. v. TCEQ, number D-1-GN-15-005510, in the District Court of Travis County, Texas.
Irvine & Conner attorneys Charles Irvine and Michael McEvilly led the firm’s efforts, and the matter has been covered by KXAN Austin and The San Antonio Express-News.