CITY OF WACO v. TEXAS NATURAL RESOURCE

No. 03-01-00217-CV.

83 S.W.3d 169 (2002)

CITY OF WACO, Appellant, v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; and Jeffrey A. Saitas, as Executive Director, Appellees.

Court of Appeals of Texas, Austin.

As Modified on Overruling of Rehearing June 21, 2002.


Attorney(s) appearing for the Case

Jackson B. Battle, Brown McCarroll L.L.P., Austin, for appellant.

Anthony C. Grigsby, Linda B. Secord, Assistant Attorneys General, Natural Resources Division, Austin, for appellees.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and PURYEAR.


BEA ANN SMITH, Justice.

This appeal concerns whether a dispute about the Texas Natural Resource Conservation Commission's (the TNRCC's) permit-issuing process is ripe for judicial review by the district court. The Bosque River, a tributary of the Brazos River, is located northwest of the city of Waco. Segments 1226 and 1255 of the North Bosque River have been listed as having impaired water quality due to high levels of nutrients. See 30 Tex. Admin. Code &...

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