This document summarizes recent reforms to contested case hearings before the Texas Commission on Environmental Quality (TCEQ). The reforms, enacted through Senate Bill 709, aim to streamline the permitting process by narrowing the scope of who can request a hearing, establishing that a draft permit demonstrates prima facie compliance with requirements, and capping hearings at 180 days. The reforms have faced some criticism for potentially limiting public participation and judicial review of TCEQ permitting decisions. Implementation of the new law will be tested as the first cases subject to the reforms proceed.
Presented by Co-Chairs: Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC Hope Wells, General Counsel, San Antonio Water System at TWCA Annual Conference
Presented by Co-Chairs: Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC Hope Wells, General Counsel, San Antonio Water System at TWCA Annual Conference
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...Jason Rabuy
Partners Mauricio Uribe, David Schmidt and Vlad Teplitskiy presented a webinar focused on strategic considerations in controlling speed of prosecution in USPTO.
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...Jason Rabuy
Attorneys David Schmidt, Ph.D., Heungsoo Choi, and Of Counsel Hironori Kubota presented a detailed webinar focusing on Strategic Considerations in Controlling the Speed of Prosecution at the USPTO.
The presentation discusses the different techniques for speeding up examination at the US Patent and Trademark Office (USPTO). Topics covered in this presentation include petitions to make special, accelerated examination, prioritized examination, Patent Prosecution Highway (PPH), and the First Action Interview Pilot Program. In addition, some different filing scenarios using these techniques are discussed.
Date and Time: Tuesday, March 20, 2018, 12:00pm to 1:00pm
Location: HSBA Main Conference Room, 1100 Alakea Street, 10th Floor
Credit: This seminar qualifies for 1 CLE Credit
Summary:
HAPA, the Hawaii Administrative Procedure Act, HRS Chapter 91, is the backbone of agency decision-making affecting individual rights by Hawaii's executive branch.
This one-hour course will cover the basics: When are hearings required? What does a hearing look like? Who participates? What do the most recent Hawaii cases tell us?
Please join us as attorney Jesse Souki walks us through the steps of an administrative hearing.
Speaker:
Jesse Souki, Office of General Counsel at the University of Hawaii
Jesse K. Souki has been on both sides of the table practicing before administrative boards and as a director for agencies that conduct administrative processes.
His career has focused on land use and planning law, which has involved cases before the Land use Commission, County Planning Commissions, and the Board of Land and Natural Resources.
Implications of 2015 Amendments to the Federal Rules of Civil ProcedureWinston & Strawn LLP
During this eLunch, we reviewed the practical implications of the upcoming changes to Rule 26(b) regarding the scope of relevance and proportionality and also focused on the new national uniform standard under Rule 37(e) for the implementation of curative measures and/or sanctions for the failure to preserve relevant electronically stored information.
This interactive webinar was presented by Winston & Strawn eDiscovery & information governance practice chair John Rosenthal and senior eDiscovery attorney Christopher Costello. Mr. Rosenthal was intimately involved in the rules amendment process and testified before the Advisory Committee on several occasions.
What It Might Mean for the Average Practitioner.
Patent Reform Updates.
Current Status.
Patent Reform Act.
First Inventor to File.
Rules.
Patent Quality.
Kappos' Visions for the USPTO.
Changes in the New and Improved Version.
Natural farming @ Dr. Siddhartha S. Jena.pptxsidjena70
A brief about organic farming/ Natural farming/ Zero budget natural farming/ Subash Palekar Natural farming which keeps us and environment safe and healthy. Next gen Agricultural practices of chemical free farming.
Willie Nelson Net Worth: A Journey Through Music, Movies, and Business Venturesgreendigital
Willie Nelson is a name that resonates within the world of music and entertainment. Known for his unique voice, and masterful guitar skills. and an extraordinary career spanning several decades. Nelson has become a legend in the country music scene. But, his influence extends far beyond the realm of music. with ventures in acting, writing, activism, and business. This comprehensive article delves into Willie Nelson net worth. exploring the various facets of his career that have contributed to his large fortune.
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Introduction
Willie Nelson net worth is a testament to his enduring influence and success in many fields. Born on April 29, 1933, in Abbott, Texas. Nelson's journey from a humble beginning to becoming one of the most iconic figures in American music is nothing short of inspirational. His net worth, which estimated to be around $25 million as of 2024. reflects a career that is as diverse as it is prolific.
Early Life and Musical Beginnings
Humble Origins
Willie Hugh Nelson was born during the Great Depression. a time of significant economic hardship in the United States. Raised by his grandparents. Nelson found solace and inspiration in music from an early age. His grandmother taught him to play the guitar. setting the stage for what would become an illustrious career.
First Steps in Music
Nelson's initial foray into the music industry was fraught with challenges. He moved to Nashville, Tennessee, to pursue his dreams, but success did not come . Working as a songwriter, Nelson penned hits for other artists. which helped him gain a foothold in the competitive music scene. His songwriting skills contributed to his early earnings. laying the foundation for his net worth.
Rise to Stardom
Breakthrough Albums
The 1970s marked a turning point in Willie Nelson's career. His albums "Shotgun Willie" (1973), "Red Headed Stranger" (1975). and "Stardust" (1978) received critical acclaim and commercial success. These albums not only solidified his position in the country music genre. but also introduced his music to a broader audience. The success of these albums played a crucial role in boosting Willie Nelson net worth.
Iconic Songs
Willie Nelson net worth is also attributed to his extensive catalog of hit songs. Tracks like "Blue Eyes Crying in the Rain," "On the Road Again," and "Always on My Mind" have become timeless classics. These songs have not only earned Nelson large royalties but have also ensured his continued relevance in the music industry.
Acting and Film Career
Hollywood Ventures
In addition to his music career, Willie Nelson has also made a mark in Hollywood. His distinctive personality and on-screen presence have landed him roles in several films and television shows. Notable appearances include roles in "The Electric Horseman" (1979), "Honeysuckle Rose" (1980), and "Barbarosa" (1982). These acting gigs have added a significant amount to Willie Nelson net worth.
Television Appearances
Nelson's char
WRI’s brand new “Food Service Playbook for Promoting Sustainable Food Choices” gives food service operators the very latest strategies for creating dining environments that empower consumers to choose sustainable, plant-rich dishes. This research builds off our first guide for food service, now with industry experience and insights from nearly 350 academic trials.
"Understanding the Carbon Cycle: Processes, Human Impacts, and Strategies for...MMariSelvam4
The carbon cycle is a critical component of Earth's environmental system, governing the movement and transformation of carbon through various reservoirs, including the atmosphere, oceans, soil, and living organisms. This complex cycle involves several key processes such as photosynthesis, respiration, decomposition, and carbon sequestration, each contributing to the regulation of carbon levels on the planet.
Human activities, particularly fossil fuel combustion and deforestation, have significantly altered the natural carbon cycle, leading to increased atmospheric carbon dioxide concentrations and driving climate change. Understanding the intricacies of the carbon cycle is essential for assessing the impacts of these changes and developing effective mitigation strategies.
By studying the carbon cycle, scientists can identify carbon sources and sinks, measure carbon fluxes, and predict future trends. This knowledge is crucial for crafting policies aimed at reducing carbon emissions, enhancing carbon storage, and promoting sustainable practices. The carbon cycle's interplay with climate systems, ecosystems, and human activities underscores its importance in maintaining a stable and healthy planet.
In-depth exploration of the carbon cycle reveals the delicate balance required to sustain life and the urgent need to address anthropogenic influences. Through research, education, and policy, we can work towards restoring equilibrium in the carbon cycle and ensuring a sustainable future for generations to come.
Diabetes is a rapidly and serious health problem in Pakistan. This chronic condition is associated with serious long-term complications, including higher risk of heart disease and stroke. Aggressive treatment of hypertension and hyperlipideamia can result in a substantial reduction in cardiovascular events in patients with diabetes 1. Consequently pharmacist-led diabetes cardiovascular risk (DCVR) clinics have been established in both primary and secondary care sites in NHS Lothian during the past five years. An audit of the pharmaceutical care delivery at the clinics was conducted in order to evaluate practice and to standardize the pharmacists’ documentation of outcomes. Pharmaceutical care issues (PCI) and patient details were collected both prospectively and retrospectively from three DCVR clinics. The PCI`s were categorized according to a triangularised system consisting of multiple categories. These were ‘checks’, ‘changes’ (‘change in drug therapy process’ and ‘change in drug therapy’), ‘drug therapy problems’ and ‘quality assurance descriptors’ (‘timer perspective’ and ‘degree of change’). A verified medication assessment tool (MAT) for patients with chronic cardiovascular disease was applied to the patients from one of the clinics. The tool was used to quantify PCI`s and pharmacist actions that were centered on implementing or enforcing clinical guideline standards. A database was developed to be used as an assessment tool and to standardize the documentation of achievement of outcomes. Feedback on the audit of the pharmaceutical care delivery and the database was received from the DCVR clinic pharmacist at a focus group meeting.
UNDERSTANDING WHAT GREEN WASHING IS!.pdfJulietMogola
Many companies today use green washing to lure the public into thinking they are conserving the environment but in real sense they are doing more harm. There have been such several cases from very big companies here in Kenya and also globally. This ranges from various sectors from manufacturing and goes to consumer products. Educating people on greenwashing will enable people to make better choices based on their analysis and not on what they see on marketing sites.
Characterization and the Kinetics of drying at the drying oven and with micro...Open Access Research Paper
The objective of this work is to contribute to valorization de Nephelium lappaceum by the characterization of kinetics of drying of seeds of Nephelium lappaceum. The seeds were dehydrated until a constant mass respectively in a drying oven and a microwawe oven. The temperatures and the powers of drying are respectively: 50, 60 and 70°C and 140, 280 and 420 W. The results show that the curves of drying of seeds of Nephelium lappaceum do not present a phase of constant kinetics. The coefficients of diffusion vary between 2.09.10-8 to 2.98. 10-8m-2/s in the interval of 50°C at 70°C and between 4.83×10-07 at 9.04×10-07 m-8/s for the powers going of 140 W with 420 W the relation between Arrhenius and a value of energy of activation of 16.49 kJ. mol-1 expressed the effect of the temperature on effective diffusivity.
IPCC Vice Chair Ladislaus Change Central Asia Climate Change Conference 27 Ma...
TWCA Annual Convention: TWCA Contested Case Hearing Reform, Derek Seal
1. TCEQ Contested Case Hearing Reform
Texas Water Conservation Association
72nd
Annual Convention
Derek Seal
Winstead, PC
401 Congress Ave., Ste. 2100
Austin, Texas 78701
dseal@winstead.com
(512) 370-2807
2. Contested Case Hearing Defined
“Contested Case” means a proceeding, including a
ratemaking or licensing proceeding, in which the legal
rights, duties, or privileges of a party are to be
determined by a state agency after an opportunity for
adjudicative hearing. Government Code 2001.001(1).
3. Anatomy of a Contested Case Hearing
• Trial-Like Proceeding - Texas Rules of Evidence and
Procedure
• Usually conducted by the State Office of
Administrative Hearings
• Discovery - depositions, disclosure of documents,
responses to interrogatories, etc.
• Involves attorneys, briefing, sworn testimony from
engineers, toxicologists, etc.
4. Common Water-Related
Contested Case Hearings
• Wastewater Discharge Permits - TCEQ
• Water Rights - TCEQ
• Groundwater Permits - TCEQ
• Desired Future Conditions – TWDB
• Retail Water/Wastewater Ratemaking - PUC
5. Applications for TCEQ Permits/Amendments
Subject to Contested Case Hearings
• Air Quality - Health & Safety Code, Chapter 382
• Water Quality - Water Code, Chapter 26
• Injection Wells – Water Code, Chapter 27
• Waste – Health & Safety Code, Chapter 361
• Water Rights – Water Code, Chapter 11
• Water Utility Districts – Water Code Chapters 49 & 54
• Radioactive Waste - Health & Safety Code, Chapter 401
6. Implications of Contested Case Hearings
• Permit processing delays for months or even up to a
year or more in some cases
• Bargaining position for sophisticated, local, statewide,
and national non-governmental organizations
• Legal and consulting costs
• Litigation risks
7. Contested Case Hearing Example:
Corpus Christi Caller Times, August 7, 2015
Buckeye Texas Partners LLC donated to the newly
established Environmental Justice Housing Fund in
exchange for the fund's parent group, Citizens for
Environmental Justice, dropping a legal challenge
against a [TCEQ] permit the company was seeking to
expand its operations here. . . . The fund is used to pay
for families who live in the area to move out. It was
established earlier this year after a different [TCEQ]
permit challenge was settled for more than $2 million.
8. TCEQ Contested Case Hearing Statistics
Annually Since 2010
• 1,300 to 1,650 applications subject to hearing request
• Hearing requests are received on 65 to 95
applications
• 10 to 35 hearings granted
TCEQ Testimony, May 13, 2014
House Environmental Regulation Committee
10. TCEQ Permitting Timeline
TCEQ Testimony, May 13, 2014
House Environmental Regulation Committee
30-60
Days
60-200
Days
30-75
Days
60 Days
60 Days
44 Days
Goal to
issue permit
365 Days 180 Days
45 days
45 days
12. SB 709 – Three Prongs to
Contested Case Hearing Reform
• Narrows the universe of hearing requesters who are
entitled to a hearing
• A draft permit and sufficient supporting
documentation is a prima facie demonstration that
the application meets all requirements
• Limits the duration of a hearing to 180 days
• Applicable to air quality, water quality, waste, and
UIC permit applications filed with TCEQ after
September 1, 2015
13. SB 709 - Prong 1
Legislatively Narrows the Contested Case Hearing Gate
Codifies Sierra Club v. TCEQ &
Waste Control Specialists (April
2014), Texas 3rd
Court of
Appeals
Broad TCEQ Commission
discretion to deny hearing
requests based on:
•technical data
•expert reports
•the merits of the application
•likely impact of the regulated
activity
14. Commission Discretion to Deny
Contested Case Hearing Request
TCEQ Testimony, May 13, 2014
House Environmental Regulation Committee
Discretion added by SB 709
Commission to
consider contensted
case hearing request
15. SB 709 - Prong 2
Prima Facie Burden of Proof
• An applicant meets a prima facie burden of proof that the
application complies with all requirements via the filing of
the draft permit and supporting technical documents in the
permitting file
• Protestants may overcome the prima facie demonstration
by providing specific evidence that a provision in the draft
permit does not meet a legal or technical requirement
• The applicant may rebut any evidence presented by
protestants
17. SB 709 - Prong 3
180 Day Limit on Contested Case Hearing
• After the preliminary hearing, an Administrative Law
Judge must issue a Proposal for Decision within 180
days, or an earlier date specified by the TCEQ
Commissioners
• The deadline can be extended by agreement of the
parties, or if failure to extend would deprive a party of
due process or other constitutional rights
18. SB 709 – Miscellaneous
• Issues may not be referred unless an affected person raised the issue
in a comment
• no “piggybacking” on issues raised by persons who do not qualify to
be a party
• Hearing requesters must raise detailed issues
• Organizations must specifically name the member upon whom their
request for a hearing is based
• No shopping for members who trigger standing at late stages
• Response to Comments must be available prior to the preliminary
hearing
• Posting of permit application notices by TCEQ on the internet
• 30 day notice to local legislators prior to issuance of the draft permit
19. TCEQ Rulemaking
• August 21 – publication of the proposed rule in the
Texas Register
• December 9 – TCEQ Commission final decision
• TCEQ’s final rules are a straightforward
implementation of SB 709
21. EPA Comments
• Rebutting the prima facie demonstration may result in
a de facto bar to judicial review
• Consideration of the underlying merits in evaluating
hearing requests interferes with standing for judicial
review
• Participation in a contested case hearings should not
be a prerequisite to judicial review
22. Future Developments
• The first contested case hearing that is subject to SB 709 will
set precedent for future contested case hearings
• Discovery logistics, who to depose/right to cross
examination if the applicant does not offer experts, whether
a 180 timeframe will necessitate the end of pre-filed
testimony in favor of live hearings, etc.
• Environmental Defense Fund/Caddo Lake Institute Petition
for Administrative Action
• Requesting EPA to revoke delegation to TCEQ of permitting
authority under the federal Clean Water Act and the federal
Clean Air Act
• Repeated EPA’s comments made during the TCEQ
rulemaking