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COM'N ON ENVIRONMENTAL QUALITY v. ABBOTT

No. 03-09-00250-CV.

311 S.W.3d 663 (2010)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellant, v. The Honorable Greg ABBOTT, Attorney General of Texas; and the Honorable Eliot Shapleigh, Texas Senator, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 17, 2010.

Attorney(s) appearing for the Case

Brian E. Berwick, Cynthia Woelk, Assistant Attorneys General, Austin, TX, for Appellant.

Brenda Loudermilk, Chief, Open Records Litigation, Austin, TX, for Appellees.

Doug W. Ray, Ray, Wood & Bonilla, Austin, TX, for Intervenor.

Before Justices PATTERSON, PURYEAR and HENSON.

OPINION

JAN P. PATTERSON, Justice.

In this appeal, the Texas Commission on Environmental Quality seeks reversal of the district court's judgment requiring the Commission to disclose certain confidential and privileged documents to Texas Senator Eliot Shapleigh. The issue presented is whether separation of powers limits the legislature's authority to obtain confidential and privileged communications between a state agency and its lawyers pursuant to...

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