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TCEQ v. FRIENDS OF DRY COMAL CREEK

NO. 03-21-00204-CV.

669 S.W.3d 506 (2023)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and Vulcan Construction Materials LLC, Appellants, v. FRIENDS OF DRY COMAL CREEK, Stop 3009 Vulcan Quarry, Jeffrey Reeh, Terry Olson, Mike Olson, and Comal Independent School District, Appellees.

Court of Appeals of Texas, Austin.

Filed: March 31, 2023.

Attorney(s) appearing for the Case

Courtney Smith , James D. Bradbury , for Appellees Olson, Mike, Reeh, Jeffrey, Olson, Terry, Comal Independent School District.

Derek Leon Seal , Austin, Keith A. Courtney , Michael A. Shaunessy , Austin, for Appellant Vulcan Construction Materials, LLC.

Eric Allmon , Austin, David O. Frederick , for Appellee Friends of Dry Comal Creek.

Erin Snody , for Appellant Texas Commission on Environmental Quality.

Before Chief Justice Byrne, Justices Kelly and Jones

OPINION

We withdraw the opinion and judgment issued in this cause on September 29, 2022, and issue the following opinion in lieu of the previous one.

The Texas Commission on Environmental Quality (TCEQ) granted Vulcan Construction Materials LLC a permit to construct a rock-crushing...

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