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CITY OF SHOREACRES v. TEXAS COM'N

No. 03-04-00363-CV.

166 S.W.3d 825 (2005)

CITY OF SHOREACRES, City of Taylor Lake Village, City of Seabrook and The Galveston Bay Conservation and Preservation Association, Appellants, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and Port of Houston Authority, Appellees.

Court of Appeals of Texas, Austin.

June 9, 2005.

Attorney(s) appearing for the Case

James B. Blackburn, Jr., Blackburn & Carter, P.C., Houston, Richard W. Lowerre, Lowere & Kelly, Austin, for Appellants.

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

David P. Blanke, Kimberly A. Frost, Sharon M. Mattox, David H. Brown, Alan B. Daughtry, Vinson & Elkins, L.L.P., Houston, for Port of Houston Authority.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

JAN P. PATTERSON, Justice.

The Port of Houston Authority has begun construction of the Bayport Project, a containerized cargo and cruise ship terminal complex in an industrial-zoned area on the existing Bayport Ship Channel in Galveston Bay. We must decide whether the Port of Houston had to obtain state authorization for the project from the Texas Commission on Environmental Quality, independent of the federal "dredge-and-fill" permit that...

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