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SIERRA CLUB v. NATURAL RES. CONSERV. COM'N

No. 03-99-00880-CV.

26 S.W.3d 684 (2000)

SIERRA CLUB and Downwinders at Risk, Appellants, v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 21, 2000.

Attorney(s) appearing for the Case

Stuart N. Henry, Henry, Lowerre, Johnson, Hess & Frederick, Austin, for Appellants.

Cynthia Woelk, Asst. Atty. Gen., Natural Resources Division, Austin, for TNRCC.

Before Chief Justice ABOUSSIE, Justices KIDD and POWERS.

JOHN E. POWERS, Justice (Retired).

Sierra Club and Downwinders at Risk ("plaintiffs") appeal from a judgment that dismisses for want of subject-matter jurisdiction their suit for judicial review of a final order issued by the Texas Natural Resource Conservation Commission (the "Commission") in a contested case.1 We will reverse the judgment and remand the cause to the trial court.

THE...

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