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

No. 03-09-00005-CV.

346 S.W.3d 781 (2011)

CITY OF WACO, Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 2, 2011.

Attorney(s) appearing for the Case

Enid A. Wade , Kerry L. Haliburton , Wesley D. Lloyd , Greg White , Naman, Howell, Smith & Lee, P.C., Waco, TX, for Appellant.

Anthony C. Grigsby , Nancy Elizabeth Olinger , Assistant Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Appellee.

Before Justices PATTERSON, PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

We withdraw the panel opinion and judgment dated September 17, 2010, and substitute the following in its place. The motion for en banc reconsideration filed by appellant, the City of Waco (City), is dismissed as moot.

This administrative appeal presents several questions concerning third-party standing to obtain contested-case hearings in Texas Commission on Environmental...

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