FREESTONE POWER v. TCEQ

Nos. 03-16-00692-CV, No. 03-16-00693-CV, No. 03-16-00694-CV, No. 03-16-00695-CV, No. 03-16-00698-CV, No. 03-16-00699-CV, No. 03-16-00700-CV, No. 03-16-00701-CV.

564 S.W.3d 1 (2017)

FREESTONE POWER GENERATION, LLC, Appellant v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees. Freeport Energy Center, LLC, Appellant v. Texas Commission on Environmental Quality; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees. Brazos Valley Energy, LLC, Appellant v. Texas Commission on Environmental Quality; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees. Tenaska Gateway Partners, Ltd., Appellant v. Texas Commission on Environmental Quality; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees. Ennis Power Company, LLC, Appellant v. Texas Commission on Environmental Quality; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees. Hays Energy, LLC, Appellant v. Texas Commission on Environmental Quality; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees. Midlothian Energy, LLC, Appellant v. Texas Commission on Environmental Quality; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees. Wise County Power Co., LLC, Appellant v. Texas Commission on Environmental Quality; and Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, Appellees.

Court of Appeals of Texas, Austin.

Filed: July 11, 2017.


Attorney(s) appearing for the Case

Susan A. Kidwell , Locke Lord LLP, Austin, TX, Geoffrey R. Polma , Elizabeth E. Mack , Locke Lord LLP, Dallas, TX, for Appellant.

Daniel C. Wiseman , Office of the Attorney General of Texas Environmental Protection Division, Anthony C. Grigsby , Assistant Attorney General Environmental Protection Division, Austin, TX, for Appellee.

Before Justices Puryear, Pemberton, and Goodwin.


MEMORANDUM OPINION

In these related appeals, Freestone Power Generation, LLC; Freeport Energy Center, LLC; Brazos Valley Energy, LLC; Tenaska Gateway Partners, Ltd.; Ennis Power Co., LLC; Hays Energy, LLC; Midlothian Energy, LLC; and Wise County Power Co., LLC (Appellants) appeal from the...

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