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SLAY v. TEX. COM'N ON ENVIRONMENTAL QUALITY

No. 03-10-00297-CV.

351 S.W.3d 532 (2011)

Chester L. SLAY, Jr., Individually; Union Texas Limited Partnership; and Chester L. Slay, Jr., Trustee of Peckham Family Trust//Cross-Appellant, Texas Commission on Environmental Quality, Appellants, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY//Cross-Appellees, Chester L. Slay, Jr., Individually; Union Texas Limited Partnership; and Chester L. Slay, Jr., Trustee of Peckham Family Trust, Appellee.

Court of Appeals of Texas, Austin.

August 31, 2011.

Attorney(s) appearing for the Case

Keith A. Pardue , Law Office of Pardue & Associates, Austin, TX, for Appellant.

Priscilla M. Hubenak , Assistant Attorney General, Environmental Protection & Administrative Law, Kristofer S. Monson , Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Appellee.

Before Justices PURYEAR, PEMBERTON and GOODWIN.

OPINION

BOB PEMBERTON, Justice.

These cross-appeals present two principal sets of issues: (1) whether a Texas Commission on Environmental Quality (TCEQ) order imposing administrative penalties withstands judicial review under the standard in section 2001.174 of the Administrative Procedure Act (APA), see Tex. Gov't Code Ann. § 2001.174 (West 2008), and (2) whether the district court possessed subject-matter jurisdiction over declaratory...

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