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TEXAS DEPARTMENT OF AGRICULTURE v. WILD BOAR MEATS, L.L.C.

No. 03-17-00514-CV.

Texas Department of Agriculture; and Sidney Miller, in His Official Capacity as Commissioner of Agriculture, Appellants, v. Wild Boar Meats, L.L.C.; Texas Hog Hunters Association; and Environmental Defense Fund, Appellees.

Court of Appeals of Texas, Third District, Austin.

Filed: August 8, 2018.

Attorney(s) appearing for the Case

Eugene A. Clayborn , Andrew Lutostanski , Kristofer S. Monson , for Sid Miller, in his Official Capacity as Commissioner Agriculture, Appellant.

Charles Herring, Jr. , for Environmental Defense Fund, Appellee.

Jason M. Panzer , for Texas Hog Hunters Association, Appellee.

Eugene A. Clayborn , Ari Cuenin , Andrew Lutostanski , for Texas Department of Agriculture, Appellant.

Christopher L. Elliott , Michael S. Truesdale , Karen Vladeck , for Wild Boar Meats, L.L.C., Appellee.

Before Chief Justice Rose, Justices Pemberton and Goodwin.

MEMORANDUM OPINION

This appeal arises from an emergency rule adopted by the Texas Department of Agriculture to allow the use of warfarin-based pesticides to abate the state's burgeoning population of feral hogs. The Department and Sid Miller, the Commissioner of Agriculture, appeal from...

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