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SHRIMPERS AND FISHERMEN v. TEXAS COM'N ON ENVTL.

No. 19-60558.

968 F.3d 419 (2020)

SHRIMPERS AND FISHERMEN OF the RGV; Vecinos Para el Bienestar de la Comunidad Costera, Petitioners, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; Jon Niermann, in his official capacity as Chairperson of the Texas Commission on Environmental Quality, Respondents.

United States Court of Appeals, Fifth Circuit.

Filed July 31, 2020.

Attorney(s) appearing for the Case

Erin Laurel Gaines , Attorney, Texas RioGrande Legal Aid, Incorporated, Austin, TX, David O'Brien Frederick , Attorney, Frederick, Perales, Allmon & Rockwell, Austin, TX, Hannah Elizabeth Samson , Texas RioGrande Legal Aid, Incorporated, Del Rio, TX, Enrique Porrata Valdivia , Attorney, Texas RioGrande Legal Aid, Incorporated, San Antonio, TX, for Petitioners.

Mark Andrew Steinbach , Assistant Attorney General, Office of the Attorney General of Texas, Environmental Protection Division, Austin, TX, Toby Baker , Executive Director, Texas Commission on Environmental Quality, Environmental Law Division, Austin, TX, Linda B. Secord , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Respondents.

Beth Bivans Petronio, Esq. , Trial Attorney, K & L Gates, L.L.P., Dallas, TX, Theodore J. Angelis , K & L Gates, L.L.P., Seattle, WA, for Intervenor.

Before HAYNES and OLDHAM, Circuit Judges, and HANEN, District Judge.

The Texas Commission on Environmental Quality ("TCEQ") granted certain air permits to Rio Grande LNG. Petitioners ask us to vacate TCEQ's decision and order either (1) a contested-case hearing before the Texas State Office of Administrative Hearings ("SOAH") or (2) the denial of the permits. It is unclear what source of law authorizes Petitioners...

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