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
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…
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