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MONK v. HUSTON

Nos. 02-40880, 02-41155.

340 F.3d 279 (2003)

Carl MONK; Constance Monk; Patrick McBride; Gary Graybeal; Jim Loerch; Chris Lott; Darlene Lott; David Brock; Kay Glandt; Patricia Wright-Combs; Karen Caudle Mudd; Dario Garcia; Chester Bienik; Joy Bracey; Ted Hollingsworth; and Johnnie Jennings, Plaintiffs-Appellees, v. Robert J. HUSTON, etc., et al., Defendants, Robert J. Huston, In His Official Capacity as Chairman of the Texas Natural Resource Conservation Commission; R.B. Ralph Marquez, In His Official Capacity as Commissioner of the Texas Natural Resource Conservation Commission; Kathleen Hartnet White, In Her Official Capacity as Commissioner of the Texas Natural Resource Conservation Commission; and Jeff Saitas, In His Official Capacity as the Executive Director of the Texas Natural Resource Conservation Commission, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 28, 2003.

Attorney(s) appearing for the Case

Guy Edward Matthews (argued), Rodney Kent Castille, Michael Jeffrey Rutledge, The Matthews Firm, Houston, TX, for Plaintiffs-Appellees.

Brian E. Berwick (argued) and Nancy Elizabeth Olinger, Asst. Atty. Gens., Austin, TX, for Defendants-Appellants.

Michael Robert Hull, Asst. County Atty., Houston, TX, for Harris County Texas, Amicus Curiae.

Before SMITH, DENNIS and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Defendant officials of the Texas Commission on Environmental Quality ("TCEQ") appeal (1) a preliminary injunction precluding them from considering a landfill permit application and (2) the denial of their motion to dismiss. Concluding that this dispute is not ripe for adjudication, we vacate the injunction and reverse and remand.

I.

In 1996, TSP Development, Limited, a Texas limited partnership, filed a permit application...

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