Port Aransas Conservancy seeks judicial review of Port of Corpus Christi's desalination permit

The Port Aransas Conservancy, which for years has pushed to change the Port of Corpus Christi's marine desalination plans on Port Aransas' Harbor Island, filed a petition this week seeking a judicial review of the state's process in issuing a wastewater discharge permit to the port.

The Texas Commission on Environmental Quality's decision last fall to issue the permit — one of two needed to operate the proposed $802 million water treatment facility — was "replete with error" and should be reversed, according to the 230-page petition filed in a Travis County district court.

A TCEQ spokesperson declined to comment on the petition, citing ongoing litigation.

Though only TCEQ is listed as a defendant, online court records show the Corpus Christi port as a party in the petition. A port spokesperson did not provide comment to media inquiries.

The petition, in part, contends TCEQ made a number of errors in processing the port's proposal. It claims that TCEQ and state judges with an administrative court applied an incorrect legal standard for reviewing the lethality of the proposed discharge, the TCEQ executive director's antidegradation review was inaccurate and TCEQ ignored the adverse impacts of the plant on wildlife, recreational activities and commercial fishing.

The petition also cites outstanding objections by the U.S. Environmental Protection Agency on how TCEQ issued the permit. In a letter to TCEQ, the EPA said state regulators erroneously classified the port's proposed Harbor Island plant as a "minor facility" — for which the EPA generally waives review.

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In a written statement at the time, the port said it is "committed to cooperating fully with the EPA" and TCEQ to resolve pending issues.

In requesting a judgment from the court, the petition asks for a finding that the TCEQ's decision was "arbitrary and capricious, not in accordance with law, marked by procedural or other legal error, contrary to the substantial evidence in the record" and was an "abuse of discretion."

The petition comes within an administrative deadline set after TCEQ did not rule on a motion for rehearing from the Port Aransas Conservancy. That motion, filed in January, was "overruled by operation of law."

More: Port of Corpus Christi seeks second permit for Harbor Island desalination plant

As a result, the permitting process for the port's permit is complete, said Victoria Cann, a TCEQ spokesperson, in a written statement Friday.

The Tuesday petition will be heard in Travis County's 261st District Court with District Judge Daniella DeSeta Lyttle presiding. Port Aransas Conservancy has retained law firms Perales, Allmon & Ice and Jackson Walker. Online records on Friday showed no legal representation for TCEQ.

Remand history

The permit had been recommended for rejection once before.

In February 2021, judges with the State Office of Administrative Hearings said the port's original application should be denied by TCEQ commissioners based on the potential impacts of discharging brine into the bay system.

In May 2021, TCEQ Chairman Jon Niermann remanded the case back to the state administrative judges and the port submitted a revised application. A remand hearing held in March 2022 included expert testimony from the port and environmentalist groups protesting the project.

TCEQ commissioners, now with a recommendation to approve from the administrative judges, ultimately voted to issue the port the permit last fall.

The port's Harbor Island plant is one of five marine desalination facilities proposed near Corpus Christi Bay. The port and the city of Corpus Christi have proposed two sites each, though collaboration between the two entities broke down last year. Any of the proposed facilities, once operational, would be the first of their kind and scope in Texas.

This article originally appeared on Corpus Christi Caller Times: Port Aransas group seeks judicial review of port's desalination permit