PORT ARTHUR COMMUNITY ACTION NETWORK, Petitioner,
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.https://leagle.com/images/logo.png
Jessica Amber Ahmed , Erin Kathleen Snody , 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, Aaron Lloyd Nielson , Lanora Christine Pettit , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, for Respondents.
Trevor W. Ezell, Office of the Governor of Texas, General Counsel, Austin, TX, for Amicus Curiae Governor of Texas.
Before Wiener, Graves, and Douglas, Circuit Judges.
ON PETITIONS FOR REHEARING AND REHEARING EN BANC
Per Curiam:
The petitions for rehearing en banc and petition for panel rehearing are DENIED. FED. R. APP. P. 35 and 5th Cir. R. 35. We withdraw our previous opinion and substitute the following:
* * *
Port Arthur Community Action Network (PACAN) petitions this court for review...
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