Recent Developments

State Case Law

City of Galveston v. Texas, (Tex., March 2, 2007). 
The Supreme Court, citing governmental immunity, dismissed the State of Texas' suit against the City of Galverton for property damages. The State alleged that the City failed to adequately maintain utilities (a water line ruptured) which caused $180,000 in damage to a State highway.

Texas Attorney General Opinions
Opinion No. GA-0498. Edwards Aquifer Authority not authorized to reduce certain groundwater withdrawal rights or to issue interruptible junior withdrawal rights.

Federal Case Law

National Ass'n of Homebuilders v. U.S. Army Corps of Engineers (D.D.C. Jan. 2007). 
Court found EPA and U.S. Army Corps of Engineers had exceeded their statutoty authority and invalidated the "Tulloch II" dredging rule. This rule presumed that the use of "mechanized earth-moving equipment" would result in the discharge of dredged or fill material into waters of the United State and would therefore require a permit under Section 404(a) of Clean Water Act.

City of Dallas v. U.S. Fish & Wildlife Service (N.D. Tex., filed Jan. 10, 2007). 
City of Dallas and Texas Water Development Board seek to reverse USFWS decision to designate the Neches River National Wildlife Refuge, which overlaps the planned Fastrill reservoir. 

Do you know about a matter, particularly of a Texas flavor, that should be included in the Recent Developments? Send it to craigpritzlaff@andrewskurth.com