by George Christian
TCJL today filed an an amicus brief in a case in which an out-of-state environmental advocacy organization has intervened in a state enforcement action against chemical manufacturers permitted by the TCEQ.
In re Dow Hydrocarbons and Resources LLC and Union Carbide Corporation (No. 15-26-00119) arose from a dispute over compliance with Relators’ water permits. The state initiated an enforcement action while the parties worked to resolve the issues. In the meantime, a New York entity, Waterkeeper Alliance, sought to intervene in Travis County district court, asserting the same claims as the state in a “me-too” action. Both Relators and the state moved to dismiss Waterkeeper from the case, but the trial court denied their motions. Relators sought mandamus relief from the 15th Court of Appeals.
TCJL’s brief attacks Waterkeeper’s standing to intervene and focuses on the organization’s stated purpose to pursue litigation to enforce federal and state clean water laws. Waterkeeper coordinates state actions from its headquarters in New York at the direction of its general counsel, a former litigator for a “public interest “ law firm dedicated to suing American manufacturers for alleged environmental violations. Our brief fully exposes the identity of the organization and calls out the blatant lawfare that is becoming characteristic of the “injury in law” trend in both the legislature and the courts.
If you would like to read our brief, it is attached below.
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