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TCEQ v. CITY OF WACO

No. 11-0729.

413 S.W.3d 409 (2013)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Petitioner, v. CITY OF WACO, Respondent.

Supreme Court of Texas.

Decided August 23, 2013.

Rehearing Denied November 22, 2013.

Attorney(s) appearing for the Case

Ron Beal , Professor & Attorney at Law, Waco, TX, for Amicus Curiae Ron Beal

P.M. Schenkkan , Graves Dougherty Hearon & Moody PC, Austin, TX, for Amicus Curiae Coastal Conservation Association.

Julia Brooks Jurgensen , Beard Kultgen Brophy Bostwick, Waco, TX, for Amicus Curiae Greater Waco Chamber.

Rosemarie Kanusky , Beard Kultgen Brophy Bostwick Dickson & Squires LLP, Waco, TX, for Amicus Curiae Mont Belvieu Caverns, LLC.

Hugh Rice Kelly , Texans for Lawsuit Reformfor, Austin, TX, Amicus CuriaeTexans for Lawsuit Reform.

Carlos Romo , Evan Andrew Young , Thomas R. Phillips , Baker Botts LLP, Austin, TX, for Amicus Curiae Texas Association of Business.

Emily Willms Rogers , Bickerstaff Heath Smiley Pollan Kever & McDaniel, Austin, TX, for Amicus Curiae Texas Farm Bureau.

Anthony C. Grigsby , Mark Lewis Walters , Nancy Olinger , Office of the Attorney General, Environmental Protection & Adm. Law Div., Barbara Bryant Deane , Assistant Attorney General, Daniel T. Hodge , First Asst. Attorney General, David C. Mattax , Director of Defense Litigation Office of the Attorney General, David Preister , John Barrett Scott , William J. "Bill" Cobb III , Office of the Attorney General, Elaine M. Lucas , TCEQ— Office of General Counsel, Greg W. Abbott , Attorney General of Texas, Jonathan Karl Niermann , Chief of Environmental Protection Div. Office of the Texas Attorney General, Robert Davis Brush , TCEQ—Envtl. Law Div., Austin, TX, for Petitioner Texas Commission on Environmental Quality.

Enid Allyn Patterson Wade , Scott & White Healthcare, Temple, TX, Greg White , Attorney at Law, Kerry L. Haliburton , Naman Howll Smith & Lee PLLC, Wesley David Lloyd , Naman Howell Smith & Lee PLLC, Waco, TX, for Respondent City of Waco.

Justice DEVINE delivered the opinion of the Court.

Dairies that feed large numbers of cattle for extended periods in confined areas are termed "concentrated animal feeding operations" (CAFOs). Because these operations often impact their environment, they generally must obtain water-quality permits from the Texas Commission on Environmental Quality (the "TCEQ" or "Commission"). These permits are designed to control the waste produced at such facilities and through...

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