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SIERRA CLUB v. TX COM'N ON ENVIRON. QUALITY

No. 03-04-00108-CV.

188 S.W.3d 220 (2005)

SIERRA CLUB and Downwinders at Risk, Appellants, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and TXI Operations, L.P., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 24, 2005.

Attorney(s) appearing for the Case

Phillip G. Poplin, Henry & Poplin, Austin, for Sierra Club and Downwinders at Risk.

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

Albert R. Axe, Jr., Janessa M. Glenn, Jenkens & Gilchrist, PC, Austin, for TXI Operations, L.P.

Before Justices KIDD, PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

Sierra Club and Downwinders at Risk appeal the dismissal for want of prosecution of their suit for judicial review of an order of the Texas Commission on Environmental Quality.1 The Commission moves to dismiss this appeal for want of jurisdiction, contending that appellants failed to file their notice of appeal timely; TXI Operations, L.P. concurs...

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