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CITY OF AUSTIN v. COM'N ON ENVTL. QUALITY

No. 03-07-00699-CV.

303 S.W.3d 379 (2009)

The CITY OF AUSTIN, Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and KBDJ, L.P., Appellees.

Court of Appeals of Texas, Austin.

December 31, 2009.

Attorney(s) appearing for the Case

Patricia Link, Assistant City Attorney, Holly Noelke, Assistant City Attorney, Austin, TX, for Appellant.

Molly Cagle, Patrick W. Lee, Vinson & Elkins, L.L.P., Anthony C. Grigsby, Assistant Attorney General, Nancy Elizabeth Olinger, Assistant Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Appellee.

Before Chief Justice JONES, Justices WALDROP and HENSON.

OPINION

G. ALAN WALDROP, Justice.

Appellant, the City of Austin, filed suit against the Texas Commission on Environmental Quality, challenging the Commission's approval of a water pollution abatement plan filed by KBDJ, L.P. relating to activities affecting the Edwards Aquifer. The district court entered judgment in favor of the Commission and KBDJ. We hold that the effective date of the Commission's decision...

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