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U.S. Supreme Court Sides with Oklahoma In Dispute with Texas Water District

On June 13, 2013, the U.S. Supreme Court unanimously upheld lower court rulings in Tarrant Regional Water District v. Hermann, holding that Oklahoma water laws validly barred the export of state water. The petitioner in the case is the Tarrant Regional Water District; the appellees are officers of the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission. 

The litigation centered on the conflict between Oklahoma statutes regarding water use which, among other things, prevents Oklahoma state entities from selling water for out-of-state use, and the Red River Compact among Oklahoma, Texas, Arkansas and Louisiana, which allocates the water in the Red River Basin among those states and was ratified by the U.S. Congress in 1980.

The petitioners sought a judgment declaring that the certain Oklahoma statutes violated the Commerce and Supremacy Clauses of the U.S. Constitution, and an injunction to prevent application of the Oklahoma statutes. Both the trial court and the 10th Circuit dismissed petitioner’s claims. In the opinion, the Supreme Court upheld the lower courts, finding that the Oklahoma statutes are not preempted by the Red River Compact.

© 2020 Beveridge & Diamond PC National Law Review, Volume III, Number 179

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Daniel M. Krainin Environmental Litigation Attorney Beveridge & Diamond New York, NY
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Dan deploys more than two decades of environmental litigation experience to resolve clients’ legal and business challenges.

Primarily focused on environmental and toxic tort litigation, Dan helps clients successfully resolve groundwater contamination, hazardous waste site remediation, natural resource damages, permit defense and product-related matters. He enjoys using his skills as a litigator to help clients solve environmental problems.

Among his many wins, Dan successfully led a team that defeated an emergency challenge to a permit that Dan’s client needed to continue its...

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Karen M. Hansen Water Regulation Attorney Beveridge & Diamond Austin, TX
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Karen Hanson’s practice focuses on the Clean Water Act and state programs for regulating and permitting water discharges and water supply/use, and on environmental, health, and safety audit review and implementation. 

She has extensive experience assisting industrial and municipal clients in preparing strategies for and pursuing water permits for ongoing operations, expansions and new operations, including permit challenges. Karen also represents clients that must defend CWA and state water law enforcement actions, including claims pursued by governmental as well as third party...

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Madeleine Boyer Environmental Attorney Beveridge Diamond
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Maddie brings 25 years of experience providing strategic and solutions-oriented counseling and representation on a broad range of US and Latin American environmental, health and safety standards.

Her portfolio includes environmental regulatory counseling; audit oversight and support; supply chain and product stewardship advocacy and compliance; and high-stakes enforcement matters. Her domestic caseload currently includes air and waste matters before the US Department of Justice, the Office of the Attorney General of the State of Texas, the US Environmental...

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Laura's practice has focused on Clean Air Act matters for over 20 years.

Laura's air quality experience includes advising and representing entities on a broad range of permitting, compliance, and policy issues. She has represented chemical manufacturing operations, electric utilities, petroleum refineries, oil and gas pipelines and terminal facilities, alternative/renewable energy operations including solar energy projects, landfills and waste combustors, steel manufacturing facilities, mining operations, and other facility types regarding federal and state permitting and compliance...

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