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PHILLIPS PETROLEUM v. COM'N ON ENV. QUALITY

No. 03-03-00229-CV.

121 S.W.3d 502 (2003)

PHILLIPS PETROLEUM COMPANY, Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and Sweeny Cogeneration Limited Partnership, Appellees.

Court of Appeals of Texas, Austin.

November 20, 2003.

Attorney(s) appearing for the Case

Bob E. Shannon, Kevin M. Sadler, Anthony W. Kirkwood, Baker & Botts, LLP, Austin, for Appellant.

Nancy E. Olinger, Cynthia Woelk, Brian E. Berwick, Asst. Attys. Gen., Austin, for Texas Commission on Environmental Quality.

William M. Parrish, Keith A. Courtney, Janessa M. Glenn, Jenkens & Gilchrist, P.C., Austin, for Sweeny Cogeneration Limited Partnership.

Before Chief Justice LAW, Justices B.A. SMITH and PATTERSON.

OPINION

JAN P. PATTERSON, Justice.

Appellant Phillips Petroleum Company ("Phillips") contends by one issue that the district court erred in affirming a decision by appellee Texas Commission on Environmental Quality1 to grant nitrogen oxide (NOx) emissions allowances for eight boilers to appellee Sweeny Cogeneration Limited Partnership ("SCLP"). Phillips claimed entitlement to the allowances as the...

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