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BLUE SKIES ALLIANCE v. TEXAS COM'N ON ENVIRONMENTAL QUALITY

No. 07-07-0306-CV.

283 S.W.3d 525 (2009)

BLUE SKIES ALLIANCE, Texans Protecting Our Water, Environment and Natural Resources (TPOWER), and Environmental Defense, Inc., Appellants v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellee.

Court of Appeals of Texas, Amarillo.

April 14, 2009.

Attorney(s) appearing for the Case

David O. Frederick, Layla Mansuri, Lowere, Frederick, Perales, Allmon & Rockwell, Austin, Wendi Hammond, Law Office of Wendi Hammond, Plano, for Appellants.

Eric A. Groten, David P. Blanke, Patrick W. Lee, Vinson & Elkins, LLP, Anthony Grigsby, Cynthia Woelk, Brian E. Berwick, Nancy Elizabeth Olinger, Assistant Attorney General, Natural Resources Division, Austin, for Appellee.

Before CAMPBELL, HANCOCK and PIRTLE, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

In response to the motion for rehearing of appellants, we overrule the motion for rehearing, withdraw our opinion of January 29, 2009, and issue the following opinion in its place.

Appellants, Texans Protecting Our Water, Environment, and Natural Resources (TPOWER) and Environmental Defense, Inc. (EDI), appeal a final judgment affirming a final order of appellee, the Texas Commission on Environmental Quality (commission...

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