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R.R. COM'N OF TEX. v. CONCERNED CITIZENS

No. 14674.

741 S.W.2d 602 (1987)

RAILROAD COMMISSION OF TEXAS, Appellant, v. CONCERNED CITIZENS TO PROTECT THE EDWARDS AQUIFER, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied January 6, 1988.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Joe Foy, Jr., Asst. Atty. Gen., Austin, for appellant.

Thomas P. Groce, Blazier, Rutland & Lerner, Austin, for Concerned Citizens to Protect the Edwards Aquifer.

Ken Oden, Co. Atty., James W. Collins, Asst. Co. Atty., Austin, for Travis County, Texas and Hays County, Texas.

Dale V. Matthews, McCamish, Ingram, Martin & Brown, Austin, for M.G. Michaelis, III.

Before GAMMAGE, ABOUSSIE and SMITH, JJ.

GAMMAGE, Justice.

This is an appeal from a district court order temporarily enjoining the Texas Railroad Commission ("Commission") from considering the application of All American Pipeline Company ("All American") for a permit to build an oil pipeline from McCamey, Texas to Webster, Texas. The district court held the Commission must adopt rules to protect surface and subsurface water from pipeline pollution under the Administrative Procedure and Texas Register Act...

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