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Environmental Protection

Summaries

KP-0190
Ken Paxton

Extent to which the Texas Commission on Environmental Quality must consider recommendation from local government to deny a Standard Permit under Texas Clean Air Act|Extent to which the Texas Commission on Environmental Quality must consider local zoning, land use, and other ordinances on standard permitting decisions made under Health and Safety Code sections 382.05195 and 382.05198|Permitting procedure of Texas Commission on Environmental Quality pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Permitting procedure pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Extent to which Texas Commission on Environmental Quality must consider recommendation from municipality to deny Standard Permit under Clean Air Act

GA-0072
Greg Abbott

Groundwater conservation district, application of exemption for "public water supply wells" to well drilled and capped but not put into production until after statutory deadline|"Public water supply well" exemption, application of exemption to well drilled and capped but not put into production until after statutory deadline

GA-0290
Greg Abbott

State remediation standard, where adopted by valid rule for statewide use, application for different standard at a particular site, is arbitrary and capricious|CERCLA remediation action in the State of Texas, the U.S. Environmental Protection Agency must follow more stringent state standards that are applicable or relevant and appropriate requirements|Lead cleanup standard of the state, if an applicable or relevant and appropriate requirement. or ARAR, under CERCLA, the EPA, undertaking any remediation action at the site, must adhere to the state standard|Rules, Administrative agency is bound to follow unambiguous language of agency's own

GA-0294
Greg Abbott

Oil Field Cleanup Fund can be used to remediate commercial disposal sites to the extent a site is contaminated with oil and gas wastes, or other substances or materials within the jurisdiction of the Texas Railroad Commission|Oil Field Cleanup Fund, Commission authorized to use to plug abandoned wells, remediate oil or gas well sites and in certain circumstances to remediate commercial disposal sites|Oil Filed Cleanup Fund used to control or cleanup oil and gas wastes, other substances or materials that are causing or are likely to cause pollution of surface or subsurface water

GA-0587
Greg Abbott

Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Texas Commission on Environmental Quality to only those pollution control facilities, devices, or methods associated with|Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Commission to only those pollution control facilities, devices, or methods associated with

GA-0708
Greg Abbott

Edwards Aquifer Authority, rule-making powers, authority to promulgate a rule prohibiting the granting of permits and contracts to recharge facilities built before September 1, 1993; authority to specify an action that constitutes an "unreasonable denial"

GA-0792
Greg Abbott

Subject to constitutional restrictions, real property is generally located in districts created by special law rather than in districts to which the real property was previously annexed

GA-0821
Greg Abbott

Impact fees, Local Government Code section 395 does not give a political subdivision or governmental entity, other than school districts, discretion to not pay required fees

DM-0239
Dan Morales

Per se "employees," students are not for purposes of statute requiring employers to supply hazardous chemicals information to "employees"|Hazardous chemicals information to "employees," students are not per se "employees" for purposes of statute requiring employers to supply

DM-0343
Dan Morales

On-site sewage facilities, whether municipal authority to regulate is preempted by Natural Resource Conservation Commission|On-site sewage facilities, authority of Commission to regulate

DM-0414
Dan Morales

Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rights|Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violate|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing in accordance with federal law|Suspend license temporarily without a hearing, due process requirements|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing|Emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights|Vehicle emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights

DM-0420
Dan Morales

Easements, authority of district to use for recreational and environmental purposes|Tax and bond revenues, authority of district to use for recreational improvements|Contractual instruments, including easements, attorney general does not construe in attorney general opinions|Easements, authority of flood control district to use for recreational and environmental purposes|Tax and bond revenues, authority of flood control district to use for recreational improvements|Easements, authority of flood control district to use for environmental purposes

DM-0474
Dan Morales

Pollution-control statutes and rules, statute authorizing state agency to grant exemptions to does not violate constitutional suspension of laws, separation of powers, or local or special law provisions|Local or special law, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Suspension of laws, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Delegation of authority to state agency to grant exemptions to pollution-control statutes and rules does not violate|Exemptions to pollution-control statutes and rules, statute authorizing state agency to grant not an unconstitutional delegation of legislative authority

DM-0485
Dan Morales

Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housing

JC-0017
John Cornyn

Hazardous waste generated in foreign country, ban on importation into Texas violates Commerce Clause

JC-0052
John Cornyn

Assured-isolation facility for low-level radioactive waste, development in Texas would comply with requirements of Texas Low-Level Radioactive Waste Disposal Compact|Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities preempted by federal law|Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities burdens interstate commerce

JC-0162
John Cornyn

River authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, county authority to own and operate does not include authority to compel septic tank users to connect to|Upper Guadalupe River Authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, city may compel property owners within its jurisdiction to connect to system operated by river authority

JC-0303
John Cornyn

Refrigerants, a manufacturer, retailer, rebuilder, or installer of manufactured homes need not be licensed or registered in order to purchase under the Air Conditioning and Refrigeration Contractor License Law

JC-0372
John Cornyn

Pollution-control property tax exemption, Commission's duty to limit exemption to that portion of property that controls pollution|Pollution-control property, scope of exemption from ad valorem taxation

JC-0440
John Cornyn

Onsite sewage facilities, Natural Resource Conservation Commission's authority to require owners to have ongoing maintenance contracts|Onsite sewage facilities, Commission's authority to require owners to have ongoing maintenance contracts

JC-0457
John Cornyn

Building energy efficiency performance standards enforceable in unincorporated areas of state on September 1, 2001|Building energy efficiency performance standards, county cannot enforce in unincorporated areas

JC-0493
John Cornyn

Air Control Act, construction of provisions regarding notice of intent under the Act to apply for permit to relocate portable facility and regarding exemption of existing concrete crushing facility from statutory limits on location|Unambiguous statutory language in amendment to Air Control Act will be construed according to plain meaning because result is not absurd|Existing

JC-0515
John Cornyn

Retroactive law that is necessary to safeguard public safety and welfare prevails over constitutional prohibition against retroactive laws|Compliance history rule of Natural Resource Conservation Commission that includes facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and is not unconstitutional as a retroactive law|Compliance history rule of Commission that considers facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and not unconstitutional as a retroactive law

JM-1190
Jim Mattox

Dredging easement from General Land Office, holder of not required to obtain permit from Parks and Wildlife Department for disturbances of marl, sand, gravel, shell, or mudshell|Dredging easement from General Land Office, holder of not required to obtain permit from Department for disturbances of marl, sand, gravel, shell, or mudshell