Administrative Judges Say Las Brisas Arguments Misrepresent SOAH Complaints

State Office of Administrative Hearings (SOAH) Judges Tommy Broyles and Craig Bennett reaffirmed their findings and took issue with Las Brisas contention that it had met all of the requirements necessary for Texas Commission on Environmental Quality (TCEQ) approval. In a letter dated June 2, 2010 the SOAH judges sent a letter to TCEQ Commissioners reiterating their previous request that the permit be sent back for more work or denied. “At this time, we continue to stand by the findings, conclusions, and recommendations contained in the PFD. Given our findings and conclusions, it is not surprising that the bulk of exceptions have come from the Applicant.”

The went on to accuse Chase Energy (Las Brisas) of providing the Commission with misleading information, saying, “Many of those exceptions misrepresent or mischaracterize our analysis and conclusions, or imply that our reasoning was based upon no factual foundation.”

Not satisfied with mischaracterizing SOAH’s conclusion Las Brisas went on to ask the TCEQ to ignore the evidence in the case. “Thus, we make no recommendation on the specific outcome the Commission may decide, other than our conclusion that the permits may not be issued under the current evidentiary record. Moreover, the ALJs disagree strongly with Applicant’s assertion that the Commission is not bound by the evidentiary record in this case in making its decision. The Administrative Procedure Act (APA) requires that administrative decisions be based upon findings of fact and conclusions of law, and that such findings of fact must be based only upon evidence in the record or matters officially noticed. See TEX. GOV’T CODE ANN. § 2001.141(c). Accordingly, the Commission must base its decision on the evidence in the record or on matters officially noticed.”

The SOAH also said they would be at the meeting to defend their decision. “e will attend the Commission’s open meeting and be prepared to answer any questions the Commissioners may have at that time.”