City of Houston v. BCCA Appeal Group, Inc.

MEMORANDUM OPINION

JIM SHARP, Justice.

The present dispute requires us to determine the constitutionality of a home-rule city’s ordinance which purports to regulate air pollution within that city’s borders. The BCCA 1 Appeal Group, Inc. (the Group), a non-profit organization whose members own and operate industrial facilities in the Houston area, brought suit to enjoin enforcement of two air pollu tion control ordinances enacted by the City of Houston (the City)—City of Houston Ordinance Nos. 2007-208 and 2008^414 (collectively, the Ordinance). The Group asserts that the Ordinance is preempted…