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WALTER WEST v. TEX. COM'N ON ENVIRON. QUAL.

Nos. 03-07-00455-CV, 03-07-00456-CV.

260 S.W.3d 256 (2008)

WALTER WEST, P.E., Appellant v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and Abitibi-Consolidated Corp., Appellees. Walter West, P.E., and the Lone Star Chapter of the Sierra Club, Appellants v. Texas Commission on Environmental Quality and Abitibi-Consolidated Corp., Appellees.

Court of Appeals of Texas, Austin.

July 31, 2008.

Attorney(s) appearing for the Case

Eric Allmon, Lowerre & Frederick, Austin, for appellants.

John R. Hulme, Asst. Atty. Gen., Office of the Atty Gen., Natural Resources Div., Paul Seals, David P. Whittlesey, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Austin, for appellees.

Before Justices PATTERSON, PURYEAR and HENSON.

OPINION

JAN P. PATTERSON, Justice.

We withdraw our opinion and judgments issued May 29, 2008, and substitute the following in their place. We overrule appellants' motion for rehearing and rehearing en banc. These appeals arise from two lawsuits brought by appellants Walter West, P.E., and the Lone Star Chapter of the Sierra Club seeking judicial review of an uncontested decision by the executive director of the Texas Commission on Environmental Quality...

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