Legal Opinion

Texas Commission on Environmental Quality v. Exxon Mobil Corporation ExxonMobil Oil Corporation Pennzoil-Quaker State Company And Shell Oil Company

Court of Appeals of Texas

Decided October 31, 2016No. 03-14-00667-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

Cindy Olson Bourland, Justice

We withdraw the opinion and judgment dated April 8, 2016, and substitute the following opinion and judgment in their place. We deny appellants’ motion for rehearing.

In this case of first impression, the Texas Commission on Environmental Quality contends that the two. types of Superfund orders it is empowered to issue are mutually-exclusive, meaning that one order cannot be issued under both ordering provisions. The Commission further contends that the Superfund order at issue here is an order issued under Section 361.188 of the Solid Waste Disposal Act and…

2Cases cited18 opinions

  1. City of Rockwall v. HughesTexas Supreme Court · 2008
  2. 20801, INC. v. ParkerTexas Supreme Court · 2008
  3. TGS-NOPEC GEOPHYSICAL CO. v. CombsTexas Supreme Court · 2011
  4. Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
  5. Molinet v. KimbrellTexas Supreme Court · 2011

13 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Baxter Oil Service, Ltd. v. Texas Commission on Environmental Quality, Texas Court of Appeals, 3rd District (Austin)2017
  2. TJFA, L.P. Environmental Protection in the Interest of Caldwell County James Abshier And Bryon Friedrich v. Texas Commission on Environmental Quality and 130 Environmental Park, LLC, Texas Court of Appeals, 3rd District (Austin)2021
  3. U.S. Env't, L.P. v. Am. Int'l Specialty Lines Ins. Co.District Court, S.D. Texas · 2017

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