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COM'N ON ENVTL. QUALITY v. BOSQUE RIVER

No. 11-0737.

413 S.W.3d 403 (2013)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Petitioner, v. BOSQUE RIVER COALITION, Respondent.

Supreme Court of Texas.

Delivered September 20, 2013.

Rehearing Denied November 22, 2013.

Attorney(s) appearing for the Case

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

Rosemarie Kanusky , Fulbright & Jaworski LLP, San Antonio, TX, for Amicus Curiae Mont Belvieu Caverns, LLC.

E. Lee Parsley , Texas Civil Justice League, Hugh Rice Kelly , Texans for Lawsuit Reform, TX, for Amicus Curiae Texans 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 , 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, Greg W. Abbott , Attorney General of Texas, Jonathan Karl Niermann , Chief of Environmental Protection Div., Office of the Texas Attorney General, Nancy Olinger , Office of the Attorney General of Texas, Environmental Protection Section, Robert Davis Brush , TCEQ—Envtl. Law Div., Shannon Lynn Strong , TCEQ—Office of General Counsel, Austin, TX, for Petitioner Texas Commission on Environmental Quality.

Greg White, Waco , TX, Kerry L. Haliburton , Wesley David Lloyd , Naman Howll Smith & Lee PLLC, Waco, TX, for Respondent Bosque River Coalition.

Justice DEVINE delivered the opinion of the Court.

This case is a companion to Texas Commission on Environmental Quality v. City of Waco, 413 S.W.3d 409, 2013 WL 4493018 (Tex.2013). In that case, we concluded that the Texas Commission on Environmental Quality did not abuse its discretion in denying a contested case hearing to an interested party, who claimed a right to such a hearing under the Texas Water Code. As it did...

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