Texas Commission on Environment Quality v. Maverick County (Opinion)
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The Supreme Court reversed the judgment of the court of appeals concluding that substantial evidence did not support the Texas Commission on Environmental Quality's (TCEQ) decision granting an application filed by Dos Republicas Coal Partnership (DRCP) seeking renewal of a permit for wastewater discharge at a coal mine, holding that DRCP was the correct permit applicant.
At the time of this dispute, TCEQ rules required both the operator and the owner of the facility to apply for a permit. DRCP owned the mine, but the dispute was whether DRCP or the contractor it hired to conduct day-to-day activities at the time was the mine's "operator." TCEQ concluded that DRCP was the mine's operator. The court of appeals disagreed, ruling that the application lacked the required applicant and should have been denied. The Supreme Court reversed, holding that DRCP was the entity responsible for the overall operation of the facility and was therefore the correct permit applicant.
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