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SOUTHERN CRUSHED CONCRETE, LLC v. HOUSTON

No. 11-0270.

398 S.W.3d 676 (2013)

SOUTHERN CRUSHED CONCRETE, LLC, Petitioner, v. CITY OF HOUSTON, Respondent.

Supreme Court of Texas.

Delivered February 15, 2013.

Rehearing Denied June 13, 2013.

Attorney(s) appearing for the Case

Benjamin Allen `Ben' Geslison , Cristina Espinosa Rodriguez , Rebecca Gilliam Hengstenberg , Stephen G. Tipps , Baker Botts LLP, Houston, TX, Derek Raymond McDonald , Evan Andrew Young , Whitney Louis Swift , Baker Botts LLP, Austin, TX, for Southern Crushed Concrete, LLC.

Angus Joseph Dodson , Aundrea Kristine Gulley , Kathy D. Patrick , Gibbs & Bruns LLP, Houston, TX, Bertrand L. Pourteau II , Judith Lee Ramsey , Sr. Assistant City Attorneys, City of Houston Legal Dept., David M. Feldman , Lynette Fons , City of Houston Legal Department, Houston, TX, for City of Houston.

Rock W.A. Owens , Assistant Harris County Attorney, for Amicus Curiae Harris County, Texas.

Chesley N. Blevins , Jackson Walker LLP, Austin, TX, for Amicus Curiae Texas Aggregates & Concrete Association.

Scott N. Houston , Texas Municipal League, Austin, TX, for Amicus Curiae Texas Municipal League.

Justice LEHRMANN delivered the opinion of the Court.

We must decide whether the Texas Clean Air Act (TCAA) preempts a Houston ordinance. The City denied Southern Crushed Concrete's (SCC) municipal permit application to move a concrete-crushing facility to a new location, even though the Texas Commission on Environmental Quality had previously issued a permit authorizing construction of the facility at the proposed location, because the concrete-crushing operations...

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