F/R Cattle Co., Inc. v. State

OPINION

GONZALEZ, Justice.

Respondent’s motion for rehearing is overruled. Our opinion of April 21, 1993, is withdrawn and the following is substituted in its place.

This ease involves the application of the Texas Clean Air Act1 to a calf-feeding facility in Erath County. The State sought to enjoin F/R Cattle Company’s operations under the Clean Air Act. The trial court held that the emissions were the product of natural processes excluded from regulation by the Act, and dismissed the suit for want of jurisdiction. The court of appeals determined that as a matter of law, this case comes within…