Legal Opinion
Secured Environmental Management, Inc. v. Texas Natural Resource Conservation Commission
Texas Court of Appeals, 3rd District (Austin)
Decided February 6, 2003No. 03-02-00219-CVPublishedCited by 3 opinions
1Opinion of the Court
MACK KIDD, Justice.
In this case, we determine whether a Texas statute, section 361.114 of the Health and Safety Code, which bans hazardous waste disposal in salt-dome formations, is preempted by the Federal Resource Conservation and Recovery Act (“RCRA”). See Tex. Health & Safety Code Ann. § 361.114 (West Supp.2003); 42 U.S.C.A. §§ 6901-6991 (West 1995 & Supp.2003). Before the Texas statute was passed, Secured Environmental Management (“SEM”) had applied for a permit to dispose of hazardous waste in a salt-dome formation. After passage of the statute, the Texas Natural Resource Conservation…
2Cases cited21 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Maryland v. LouisianaSupreme Court of the United States · 1981
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3Cited by3 opinions
- FLCT, Ltd. v. City of FriscoCourt of Appeals of Texas · 2016
- Elizabeth Perry v. Wichita Falls Housing Authority, Texas Court of Appeals, 2nd District (Fort Worth)2022
- Secured Environmental Management, Inc. v. Texas Commission on Environmental QualitySupreme Court of the United States · 2004