City of Waco v. Texas Commission on Environmental Quality

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00005-CV

City of Waco, Appellant

v.

Texas Commission on Environmental Quality, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. D-1-GV-08-000405, HONORABLE DARLENE BYRNE, JUDGE PRESIDING

D I S S E N T I N G O P I N I O N

In Grissom and Collins, (1) the cases relied upon by the majority, this Court addressed--and the majority now ignores--the statutory mechanism by which the Commission--and the State--balance economic development and water quality protection under the Texas Water Code. It is undisputed that in…