Please Note:
This profile was automatically generated using 5 references found on the Internet. This information has not been verified. Learn more...
This profile was automatically generated using 5 references found on the Internet. This information has not been verified. Learn more...
Web References
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1. University of Texas School of Law - CLE - WL06: Texas Water Law Institute
conferences.utcle.org/law/cle/ - [Cached]Published on: 1/1/2006 Last Visited: 11/7/2006
BRIAN E. BERWICK Assistant Attorney General Texas Attorney General's Office -
2. Untitled Document
www.main.org/awmactc/newslette - [Cached]Published on: 10/1/2001 Last Visited: 2/3/2008
The panel will consist of Brian Berwick, an Assistant Attorney General with the Texas Attroney General's Office; Janis Hudson from the TNRCC Air Permits, Environmental Law Division; and Pam Giblin who is in the environmental practice and the trial section of the Austin office of Baker Botts L.L.P. Due to the interest in this topic and the number of presenters, the meeting will be extended beyond our normal ending time to 7:30 p.m.
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Brian Berwick - Assistant Attorney General, Texas Attorney General's Office -
3. The Baytown Sun
www.baytownsun.com/story.lasso - [Cached]Published on: 5/7/2003 Last Visited: 5/9/2003
Chambers County Commissioner Bill Wallace said Assistant Attorney General Brian Berwick, who represented the commissioners, appeared to be poorly prepared for the three-judge panel's line of questioning.
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Berwick was repeatedly questioned by the judges and at one
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Attorney Guy Matthews, representing the Beach City residents, and Assistant Attorney General Brian Berwick, representing the state agency, presented their arguments before Judges Jerry E. Smith, Clement and James L. Dennis on Tuesday.
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Berwick said he planned to begin his argument by discussing the issue of the residents' equal protection claims under the 14th Amendment, which guarantees due process of law and equal protection for all citizens. However, in the first of many questions, Smith asked Berwick to focus on the validity of the lawsuit instead.
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Berwick argued that the lawsuit against Commissioners Robert Huston, R.B. "Ralph" Marquez and Kathleen Hartnet White was invalid at this time because TSP's permit application was still being reviewed through the state administrative channels.
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"In a situation like this where there is an ongoing proceeding, there are so many facts that remain to be determined that this case cannot be ripe," Berwick said.
Berwick continued to argue that the U.S. District Court should have abstained from the case.
"The state has a very strong interest in being able to keep this matter and work it out in its own administrative judicial system," he said.
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In a rebuttal, Berwick pointed the judges to the district court record and said there are several standards that apply to the industrial waste permit.
"You'll see many rules that apply to non-hazardous industrial waste," he said. "They exist. They're just not gathered in a single place."
Berwick said the state agency is developing regulations through the judicial process of the administrative hearings.
"Not until the end of this process will we know whether the standards are complied with," he said.

