Slay v. Texas Commission on Environmental Quality

OPINION

BOB PEMBERTON, Justice.

These cross-appeals present two principal sets of issues: (1) whether a Texas Commission on Environmental Quality (TCEQ) order imposing administrative penalties withstands judicial review under the standard in section 2001.174 of the Administrative Procedure Act (APA), see Tex. Gov’t Code Ann. § 2001.174 (West 2008), and (2) whether the district court possessed subject-matter jurisdiction over declaratory claims under section 2001.038 of the APA that were asserted alongside the claimants’ suit for judicial review, see id. § 2001.038 (West 2008).1 We conclude that…