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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Phillips Petroleum Co. v. Texas Commission on Environmental Quality

Phillips Petroleum Company appealed the district court's affirmation of the Texas Commission on Environmental Quality's (TCEQ) decision to grant nitrogen oxide (NOx) emissions allowances to Sweeny Cogeneration Limited Partnership (SCLP). Phillips contended that its ownership of eight boilers entitled it to these allowances, while SCLP argued entitlement based on its operational control of the boilers within a cogeneration facility at Phillips's refinery. The TCEQ had previously issued an air quality permit to SCLP, requiring SCLP to demonstrate operational control over the boilers for site-wide emissions netting. The appellate court affirmed the district court's judgment, ruling that the TCEQ's allocation to SCLP was reasonable. This was because the boilers were considered part of SCLP's "site" under both air quality and Mass Emissions Cap and Trade (MECT) regulations, primarily due to SCLP's established operational control.

Environmental LawEmissions AllowancesNOxAir Quality PermitOperational ControlSite-wide NettingRegulatory InterpretationAdministrative LawTexas Commission on Environmental QualityCogeneration Facility
References
12
Case No. 03-03-00229-CV
Regular Panel Decision
Nov 20, 2003

Phillips Petroleum Company v. Texas Commission on Environmental Quality and Sweeny Cogeneration Limited Partnership

Phillips Petroleum Company appealed a district court decision affirming the Texas Commission on Environmental Quality's (TCEQ) grant of nitrogen oxide (NOx) emissions allowances to Sweeny Cogeneration Limited Partnership (SCLP). Phillips argued it was entitled to the allowances as the boilers' owner, while SCLP claimed entitlement due to operational control within its cogeneration facility at Phillips's refinery. The Commission and district court allocated the allowances to SCLP, emphasizing SCLP's operational control established during a prior air quality permitting process for emissions netting. The appellate court affirmed, finding the Commission's decision reasonable given the similar 'control' criteria in both the air quality permit and Mass Emissions Cap and Trade (MECT) regulations, and deferring to the agency's interpretation of its complex rules.

Emissions allowancesNOxair quality permitcogenerationMass Emissions Cap and Trade (MECT)operational controlsite-wide emissions nettingregulatory interpretationadministrative lawenvironmental law
References
26
Case No. 10-19-00422-CV
Regular Panel Decision
Aug 25, 2021

Mary Sue Sauceda v. Quality Motors D/B/A Quality Automotive

This case involves a negligent-entrustment claim against Quality Motors by Mary Sue Sauceda. Sauceda appealed the trial court's summary judgment in favor of Quality Motors, arising from a head-on collision involving a vehicle sold by Quality Motors to Danna Zertuche-Yanez. Sauceda argued that Quality Motors negligently entrusted the vehicle because it retained the certificate of title. The appellate court found that Quality Motors successfully rebutted the presumption of ownership, as it had delivered possession and control of the vehicle to Zertuche-Yanez, retaining only naked legal title as a security interest. Therefore, Quality Motors did not own or control the vehicle at the time of the accident to be held liable for negligent entrustment, and the court affirmed the trial court's judgment.

negligent entrustmentcar dealershipsummary judgmentvehicle ownershipsecurity interestcertificate of titleTexas appellate courtmotor vehicle retail installment contracthead-on collisionliability
References
13
Case No. 03-04-00632-CV
Regular Panel Decision
Mar 17, 2006

State of Texas v. Precision Solar Controls, Inc.

The State of Texas, representing TxDOT, sued Precision Solar Controls, Inc., for breach of contract and warranty regarding allegedly defective traffic signals. Precision Solar filed a counterclaim for business disparagement, asserting the State waived sovereign immunity by initiating the suit. The trial court denied the State's plea to the jurisdiction. The appellate court affirmed, holding that by filing suit, the State waives its sovereign immunity against germane counterclaims, even if they are intentional torts, as the core facts concerning the signals' quality and warranty performance are common to both claims.

Sovereign ImmunityGovernmental ImmunityWaiver of ImmunityCounterclaimsBusiness DisparagementBreach of ContractBreach of WarrantyPlea to JurisdictionAppellate ReviewTexas Law
References
31
Case No. 13-06-00569-CV
Regular Panel Decision
Oct 30, 2008

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Texas Commission on Environmental Quality, and Margaret Hoffman in Her Official Capacity as Executive Director of the Texas Commission on Environmental Quality

This case involves an appeal by Canyon Regional Water Authority (Canyon Regional) regarding water rates charged by Guadalupe-Blanco River Authority (Guadalupe-Blanco) and the administrative rules of the Texas Commission on Environmental Quality (the Commission). Canyon Regional challenged Guadalupe-Blanco's rate increases, arguing they were not

Water Rate AppealContractual InterpretationAdministrative LawDeclaratory ReliefAttorney's FeesSummary JudgmentPublic Interest HearingTexas Commission on Environmental QualityGuadalupe-Blanco River AuthorityCanyon Regional Water Authority
References
14
Case No. 03-15-00814-CV
Regular Panel Decision
Jun 02, 2016

A. I. Divestitures, Inc.// the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality v. the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality// A. I. Divestitures, Inc.

This case involves an appeal from a district court's order concerning a plea to the jurisdiction. Appellant A. I. Divestitures, Inc. (A.I.) challenged a 2013 compliance history rating assigned by the Texas Commission on Environmental Quality (Commission) and its Executive Director, Richard Hyde, which classified A.I. as an 'unsatisfactory performer'. A.I. argued that an agreed final judgment (AFJ) used by the Commission should not have been considered due to its specific terms and that the Commission's actions were arbitrary and capricious. A.I. also sought declaratory relief under various acts and alleged a breach of contract. The Court of Appeals determined that A.I.'s suit for judicial review was moot because the 2013 rating had been superseded. The court further held that A.I.'s claims for declaratory relief lacked a justiciable controversy and its breach of contract claim was barred by sovereign immunity, leading to the dismissal of the entire case for lack of subject matter jurisdiction.

Compliance HistoryEnvironmental RegulationJudicial ReviewPlea to JurisdictionMootness DoctrineSovereign ImmunityDeclaratory JudgmentBreach of ContractTexas Water CodeTexas Health and Safety Code
References
36
Case No. 2018 NY Slip Op 06839 [165 AD3d 1360]
Regular Panel Decision
Oct 11, 2018

Matter of Mitchell v. Eaton's Trucking Serv., Inc.

Claimant James Mitchell, a tractor truck driver, filed a workers' compensation claim for injuries to his right hand, wrist, arm, and shoulder, identifying both Eaton's Trucking Service, Inc. (Eaton) and Quality Carrier's, Inc. (Quality) as his employers. The Workers' Compensation Board determined that Eaton was Mitchell's general employer and Quality was his special employer, making both 50% liable for benefits. Quality appealed this decision, challenging the special employment finding. The Appellate Division, Third Department, affirmed the Board's determination, finding substantial evidence supported the conclusion that Mitchell was a special employee of Quality, considering factors such as control over work, method of payment, furnishing of equipment, and the nature of the work arrangement between Eaton and Quality.

Workers' Compensation LawSpecial EmploymentGeneral EmploymentEmployer LiabilityAppellate ReviewSubstantial EvidenceTractor Truck DriverOccupational DiseaseCarpal Tunnel SyndromeEmployer-Employee Relationship
References
7
Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
Case No. 03-07-00720-CV
Regular Panel Decision
Apr 30, 2009

COM'N ON ENVIRONMENTAL QUALITY v. Kelsoe

This case involves Edwin B. Kelsoe's application for a solid-waste landfill permit, which the Texas Commission on Environmental Quality (TCEQ) deemed incomplete and returned. Kelsoe challenged this decision, arguing his petition was timely filed and that TCEQ lacked authority. The Court of Appeals of Texas, Austin, found that Kelsoe's petition for judicial review was not filed within the statutory thirty-day deadline as required by the Water Code and Health & Safety Code. The court concluded that neither Kelsoe's motion to overturn nor his constitutional due-process claims extended the filing period. Consequently, the court reversed the trial court's judgment and dismissed Kelsoe's suit for lack of jurisdiction due to untimely filing.

Administrative LawJudicial ReviewTimelinessJurisdictionLandfill PermitEnvironmental RegulationStatutory InterpretationTexas Water CodeTexas Health & Safety CodeDue Process
References
6
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