# Las Brisas: Rubber Stamp Gone Missing

*Published:* 2010-03-30
*Author:* Jim Marston

[![](http://blogs.edf.org/texasenergyexchange/files//2009/07/jim226.jpg)](http://blogs.edf.org/texasenergyexchange/files//2009/07/jim226.jpg)Yesterday, the law won.

Texas state administrative judges Tommy Broyles and Craig Bennett just handed down a negative [decision](http://www.soah.state.tx.us/Alerts/LasBrisasPfdPage.asp) temporarily thwarting plans for a $3 billion petroleum coke-fired Las Brisas power plant in Corpus Christi.

Their opinion [letter](http://www.soah.state.tx.us/Alerts/582-09-2005-CvrL.pdf) to the Texas Commission on Environmental Quality (TCEQ) stated that they have been unable to find grounds for approving the permit and this means that for now, Texans can breathe just a little bit easier.

We applaud the administrative judges for reaching a decision that was clearly justified on both the facts and the law. The facts in the case against Las Brisas were overwhelming (see my [January](http://blogs.edf.org/texasenergyexchange/2010/01/13/las-brisas-strike-two/) post). Also, in addition to air pollution issues incorrectly outlined in the application, no one seemed to talk much about the added $100 million costs to build a water pipeline.

Now it’s up to TCEQ as they decide whether or not to grant the air permit. We will be watching closely to see if – as history has proven time and again – politics trumps the law and someone finds that damned rubber stamp again.