McElroy, Sullivan & Miller, L.L.P.

Physical Address:
1201 Spyglass Drive, Suite 200
Austin, TX 78746
T: 512.327.8111
F: 512.327.6566

 

Mailing Address:
P.O. Box 12127
Austin, TX. 78711

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News

District Court Grants Motion to Remand in White Stallion Case
MSM attorneys Tom Weber and Paul Tough, representing Environmental Defense Fund, successfully argued in Travis County District Court that TCEQ’s decision to issue an air quality permit to White Stallion Energy Center, LLC should be remanded to the agency to consider evidence of a new site plan for the proposed coal-fired power plant in Matagorda County, Texas.  The Texas Coastal Conservation Association, area landowners, and Sierra Club appeared in support of EDF’s motion.  Read Judge Lora J. Livingston's letter ruling here.

Greg Friend to Present Paper at Leasing Institute
MSM attorney Greg Friend will be presenting a paper at the 2011 Bernard O. Dow Leasing Institute, presented by the University of Texas School of Law, on the topic of wind power leases for the transactional real estate lawyer.  The Leasing Institute will be held on September 14, 2011 in Austin, Texas, and October 12, 2011 in Dallas, Texas.  View the program for the conference here.

Brian Sullivan to Speak at Oil, Gas and Energy Resources Law Course
Brian Sullivan will speak on the topic of Horizontal Leasing: Permitting & Regulation at the 29th Annual Advanced Oil, Gas and Energy Resources Law Course, sponsored by TexasBarCLE, on October 6, 2011.  To view the program for the seminar, click here.

Paul Tough to Present Paper at Oil, Gas and Energy Resources Law Course
On October 6, 2011, MSM attorney Paul Tough will present a paper on drilling waste disposal at the 29th Annual Advanced Oil, Gas and Energy Resources Law Course, sponsored by TexasBarCLE.  The program for this conference can be found here.

MSM Attorneys Win Second Favorable Decision in Las Brisas Case
Representing Environmental Defense Fund, MSM attorneys Tom Weber and Matt Baab recently won a second consecutive favorable Proposal for Decision from the Texas State Office of Administrative Hearings (“SOAH”) in an air quality permitting proceeding for the proposed Las Brisas power plant to be located near downtown Corpus Christi, Texas.   At a remanded hearing held in October 2010, the SOAH Administrative Law Judges once again found that Las Brisas failed to meet its burden of proof to receive a pre-construction air quality permit.  Read the Judges’ decision here.

EPA Announces Intention to Regulate Greenhouse Gases in Texas

The United States Environmental Protection Agency (“EPA”) recently announced plans to promulgate a partial disapproval of the Texas PSD (“Prevention of Significant Deterioration”) air permitting program implemented by the Texas Commission on Environmental Quality (“TCEQ”), and to begin directly regulating emissions of greenhouse gases (“GHGs”) in Texas effective January 2, 2010.  Read a letter from EPA announcing its intentions here.  For more information on the subject of regulation of GHGs in Texas, please contact MSM attorneys Tom Weber, Matt Baab, or Paul Tough.

Landmark Carbon Capture Settlement
Environmental Defense Fund, represented by MSM attorneys Tom Weber and Paul Tough that would otherwise be emitted and provide for its geologic storage.  Tenaska plans to send the CO2 to nearby Permian Basin oil fields for use in enhanced oil recovery.  Read the press release here.

New TCEQ Air Permitting Requirements for Oil and Gas Sites
TCEQ held a stakeholder meeting on April 8th to review the staff’s draft proposal for revamping the current system of air quality permitting for Oil and Gas Sites.  MSM Attorneys Paul Tough and Clark Jobe attended the meeting.  To read a summary of the highlights of the discussion, click here.  The TCEQ staff accepted informal comments on the draft through Friday, April 30th, and the proposal will soon appear on the Commissioners’ Agenda.  MSM will post the agenda when it becomes available.

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