The People vs. Pet-coke: Las Brisas hearing delayed

The Las Brisas SOAH hearings have been delayed to October 18th.

The two administrative law judges decided in a conference call hearing this afternoon to postpone the upcoming Las Brisas air permit hearing, originally scheduled to last 4 days starting on September 7th, to late October.  The judges decided this based on the fact that a key witness for the Protestants (that’s the legal term for people ‘protesting’ an issue at hand…not the religious denomination), an air dispersion modeler, was seriously injured in a car accident yesterday.

This is significant for Las Brisas.  They want to get their permit issued by the TCEQ before 1/2/10 to avoid greenhouse gas regulation. Today’s decision by the ALJs makes it almost impossible that Las Brisas could beat that clock.

This is clearly not a done deal, because although the two judges were clear about their decision to postpone the hearing, Las Brisas’ counsel indicated he would be filing several motions and appealing directly to the three Governor-appointed TCEQ Commissioners.

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