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SEM v. TEXAS NATURAL RESOURCE CONSERVATION

No. 03-02-00219-CV.

97 S.W.3d 246 (2002)

SECURED ENVIRONMENTAL MANAGEMENT, INC., Appellant, v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Jeffrey Saitas, and The City of Mont Belvieu, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 6, 2003.

Attorney(s) appearing for the Case

Steve McConnico, J. Woodfin Jones, Jane M.N. Webre, Scott, Douglass & McConnico, LLP, Austin, for appellant.

Howard S. Slobodin, Cynthia Woelk, Assistant Attorney General, Natural Resources Division, Austin, for Texas Natural Resource Conservation Commission.

Stephen P. Webb, Gwendolyn Hill Webb, Webb & Webb, Austin, for City of Mont Belvieu.

Before Justices KIDD, B.A. SMITH and YEAKEL.

MACK KIDD, Justice.

In this case, we determine whether a Texas statute, section 361.114 of the Health and Safety Code, which bans hazardous waste disposal in salt-dome formations, is preempted by the Federal Resource Conservation and Recovery Act ("RCRA"). See Tex. Health & Safety Code Ann. § 361.114 (West Supp.2003); 42 U.S.C.A. §§ 6901-6991 (West 1995 & Supp.2003). Before the Texas statute was passed, Secured Environmental Management...

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