Bonser-Lain v. Texas Commission on Environmental Quality

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In July 2012, the judge hearing the case issued a letter order indicating that the court would hold that the Commission’s conclusion that the Public Trust Doctrine is limited to waters was legally invalid, and that the doctrine includes all natural resources of the state. The judge also held that the Commission’s conclusion that it was prohibited from regulating air quality pursuant to Section 109 of the Clean Air Act was also legally erroneous because the Clean Air Act was a floor, not a ceiling. The court said, however, that it would find that because the "legal landscape is uncertain" due to ongoing state and federal cases concerning federal and state authority to regulate greenhouse gases, the court would find that the Commission's refusal to exercise its regulatory authority was a reasonable exercise of discretion.