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TXI OPERATIONS LP v. TCEQ

NO. 03-21-00408-CV.

665 S.W.3d 203 (2023)

TXI OPERATIONS LP, Appellant v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellee.

Court of Appeals of Texas, Austin.

Filed: April 7, 2023.

Attorney(s) appearing for the Case

Christopher Smith , Smith Jolin LLP, 901 S. Mo PAC Expy., Suite 300, Austin, TX 78746-5776, for Appellant.

Linda B. Secord , Assistant Attorney General, Environmental Protection Division, P.O. Box 12548 (MC-066), Austin, TX 78711-2548, J. Amber Ahmed , Office of The Attorney General of Texas, P.O. Box 12548, MC 066, Austin, TX 78711-2548, for Appellee.

Before Chief Justice Byrne, Justices Triana and Theofanis.

OPINION

TXI Operations LP appeals from a judgment affirming the denial of its application for an air-quality permit by the Texas Commission on Environmental Quality (Commission). TXI argues that the decision is not supported by substantial evidence and, in the alternative, that the...

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