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TEXAS NATURAL RES. CONSERV. v. SIERRA CLUB

No. 00-1145.

70 S.W.3d 809 (2002)

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Petitioner, v. SIERRA CLUB and Downwinders at Risk, Respondents.

Supreme Court of Texas.

Decided February 21, 2002.

Attorney(s) appearing for the Case

Cynthia Woelk, Brian E. Berwick, Karen Watson Kornell, John Cornyn, Jeffrey S. Boyd, Nancy Olinger, Idolina Garcia McCullough, Office of Atty. Gen., Austin, for Petitioner.

Julie Caruthers Parsley, Office of the Solicitor General, Austin, for Petitioner.

Stuart N. Henry, Henry & Levin, Austin, for Respondent.

HANKINSON, Justice.

In this case, we decide whether the Solid Waste Disposal Act, Texas Health & Safety Code § 361.321, and the Administrative Procedure Act, Texas Government Code § 2001.176, require a party appealing a Texas Natural Resource Conservation Commission (TNRCC) order under the Solid Waste Disposal Act to serve citation on each party of record to the administrative proceeding. The trial court concluded...

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