Southern Crushed Concrete, Llc v. City of Houston

We must decide whether the Texas Clean Air Act (TCAA) preempts a Houston ordinance. The City denied Southern Crushed Concrete’s (SCC) municipal permit application to move a concrete-crushing facility to a new location, even though the Texas Commission on Environmental Quality had previously issued a permit authorizing construction of the facility at the proposed location, because the concrete-crushing operations would violate the Ordinance’s location restriction. The TCAA provides that “[a]n ordinance enacted by a municipality ... may not make unlawful a condition or act approved or…