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DYER v. TEXAS COM'N ON ENVTL. QUALITY

No. 03-17-00499-CV.

639 S.W.3d 721 (2019)

Nicky E. DYER; Flora Harrell; Edgar Hoagland; Shirley Hoagland; James Langston; James A. Langston, III; Lois Nelson; Brian Rodel; Richard Ward; Edward A. (Art) Wilson; Montgomery County; and City of Conroe, Appellants, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; Bryan W. Shaw, in his official capacity as Chairman of the Texas Commission on Environmental Quality; Buddy Garcia and Carlos Rubinstein, in their official capacities as Commissioners of the Texas Commission on Environmental Quality; and TexCom Gulf Disposal, LLC, Appellees.

Court of Appeals of Texas, Austin.

Filed: October 11, 2019.

Attorney(s) appearing for the Case

Angela C. Zambrano , Sidley Austin LLP, 2021 McKinney Avenue, Suite 2000, Dallas, TX 75201, Deborah C. Trejo , Andrew S. Miller , Kemp Smith LLP, 919 Congress Ave. Ste. 1305, Austin, TX 78701, Mark N. Osborn , Kemp Smith, LLP, 221 N. Kansas, Suite 1700, El Paso, TX 79901-1401, Kevin A. Forsberg , The Forsberg Law Firm, P.C., 15899 Hwy. 105 W, Montgomery, TX 77356, for Appellants.

Linda B. Secord , Assistant Attorney General, Environmental Protection Division, P. O. Box 12548 (MC-066), Austin, TX 78711-2548, John A. Riley , Paul C. Sarahan , Holland &. Knight, LLP, 111 Congress Ave., Suite 540, Austin, TX 78701, for Appellees.

Before Chief Justice Rose, Justices Goodwin and Kelly.

ON REHEARING

MEMORANDUM OPINION

On this Court's motion, we withdraw our opinions and judgment issued on May 22, 2019, and substitute the following opinion and judgment in their place.

Raising multiple issues, appellants Nicky E. Dyer; Flora Harrell; Edgar Hoagland; Shirley...

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