Sierra Club v. Texas Natural Resource Conservation Commission

JOHN E. POWERS, Justice (Retired).

Sierra Club and Downwinders at Risk (“plaintiffs”) appeal from a judgment that dismisses for want of subject-matter jurisdiction their shit for judicial review of a final order issued by the Texas Natural Resource Conservation Commission (the “Commission”) in a contested case.1 We *685will reverse the judgment and remand the cause to the trial court.

THE CONTROVERSY

TXI Operations, L.P. (TXI) applied to the Commission for a permit authorizing the burning of solid waste in TXI’s cement kilns at Midlothian, which TXI had done previously without the necessity of a…