Legal Opinion

State v. Malone Service Co.

Texas Supreme Court

Decided June 17, 1992No. D-0863PublishedCited by 50 opinions

1Opinion of the Court

OPINION

MAUZY, Justice.

This civil environmental enforcement action presents evidentiary issues relating to the defense of discriminatory enforcement. The trial court excluded evidence of penalties listed within an enforcement log of the Texas Water Commission. The court of appeals reversed and remanded, holding that the evidence should have been admitted. 804 S.W.2d 174. We reverse the judgment of the court of appeals.

Malone Service Company operates a hazardous waste disposal plant in Galveston County. Before 1977, Malone legally used a large unlined earthen pit for the receipt of waste. In…

2Cases cited14 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Wayte v. United StatesSupreme Court of the United States · 1985
  4. United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister InCourt of Appeals for the Third Circuit · 1973
  5. Railroad Commission of Texas v. Shell Oil Co.Texas Supreme Court · 1942

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3Cited by50 opinions

  1. Owens-Corning Fiberglas Corp. v. MaloneTexas Supreme Court · 1998
  2. Neal v. StateCourt of Criminal Appeals of Texas · 2004
  3. Cadena Comercial USA Corp. D/B/A Oxxo v. Texas Alcoholic Beverage CommissionTexas Supreme Court · 2017
  4. Maguire Oil Co. v. City of Houston, Texas Court of Appeals, 6th District (Texarkana)2002
  5. Combs v. STP Nuclear Operating Co., Texas Court of Appeals, 3rd District (Austin)2007

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