R.E. Janes Gravel Company v. the Texas Commission on Environmental Quality , It's Executive Director, Richard A. Hyde, It's Commissioners Bryan Shaw and Toby Baker, and the City of Lubbock

OPINION

John Donovan, Justice

Appellee, The City of Lubbock (“the City”), applied to appellee, The Texas Commission on Environmental Quality (“the Commission”), for an amendment to an existing permit, which would authorize the City to use a portion of the Brazos River to convey treated wastewater effluent from a discharge point to a point downstream, where the effluent would be diverted for beneficial purposes. Appellant, R.E. Janes Gravel Company (“Janes"), whose property is downstream from the proposed diversion point, contested the application. The Commission issued an order granting the…