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Heritage on the San Gabriel Homeowners Association v. Texas Commission on Environmental Quality

The appellants challenge the district court's judgment affirming the Texas Commission on Environmental Quality's decision to grant a permit to Williamson County to expand its landfill. The TCEQ interpretation of the term "operator" to mean the entity responsible for managing day-to-day operations at the landfill is reasonable and due deference. The trial court's judgment is affirmed in part, and reversed in part for further proceedings regarding the change in hours of operation. Austin Court of Appeals, No. 03-11-00129-CV, 07-31-2012.

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OPINION

Appellants, Heritage on the San Gabriel Homeowners Association, Hutto Citizens Group, Mount Hutto Aware Citizens, Mahlon Arnett, Robbi Arnett, TJFA, L.P., and Jonah Water S.U.D. (collectively, the “Hutto landowners”), challenge the district court’s judgment affirming the Texas Commission on Environmental Quality’s (“TCEQ”) decision to grant a permit to Williamson County to expand its landfill, which is located near Hutto, Texas. In their first four issues on appeal, the Hutto landowners raise issues of both statutory interpretation and substantial evidence. In their fifth issue, they challenge the TCEQ’s decision to overturn the administrative-law judges’ (“ALJs”) recommendation about the expanded landfill’s operating hours. The sixth issue concerns the TCEQ’s reallocation of the reporting and transcription costs among the parties, but it has been mooted by the County’s decision to bear the costs as the ALJs recommended. With regard to the first four issues, we find that the TCEQ reasonably interpreted the governing statutes and rules and that its order was supported by substantial evidence. But because we find that the TCEQ did not provide the required explanation for overturning the ALJs’ recommendation about the landfill’s operating hours, we will affirm in part the district court’s judgment affirming the TCEQ order and reverse and remand in part.

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