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BRAZORIA COUNTY v. TEXAS COM'N ON ENVIRON.

No. 03-03-00121-CV.

128 S.W.3d 728 (2004)

BRAZORIA COUNTY, Texas, Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, f/k/a Texas Natural Resource Conservation Commission; Texas Transportation Commission; and Texas Department of Transportation, Appellees.

Court of Appeals of Texas, Austin.

February 12, 2004.

Attorney(s) appearing for the Case

Jim D. Wiginton, Chief, Civil Div. Criminal District Attys. Office, Angleton, Robert E. "Robin" Morse III, Crain, Caton & James, Houston, for appellant.

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

Jack F. Gilbert, Oren L. Connaway, Asst. Attys. Gen., Austin, for Texas Department of Transportation and Texas Transportation Commission.

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

OPINION

W. KENNETH LAW, Chief Justice.

In this case, Brazoria County challenges the Texas Transportation Commission's imposition of environmental speed limits on highways in Brazoria County and several rules and orders of a state implementation plan developed by the Texas Commission on Environmental Quality to attain the national ambient air quality standard for ozone in the eight-county Houston-Galveston area. The district court declared that the...

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