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

The dissenting opinion delivered April 21, 1993, is withdrawn, and the following is substituted in its place.

If the facility involved in this case were located in a city, the residents of the city could rely upon the Texas Air Control Board to safeguard the purity of their air. For the citizens of Erath County, however, there is no relief — only the continuing, overpowering odors emitted by a manifestly unnatural operation. This double standard is not only unfair; it is also contrary to the Texas Legislature’s determined efforts to ensure clean air for all Texans, whether urban or rural. I…