Legal Opinion

City of Austin v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin)

Decided December 31, 2009No. 03-07-00699-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

G. ALAN WALDROP, Justice.

Appellant, the City of Austin, filed suit against the Texas Commission on Environmental Quality, challenging the Commission’s approval of a water pollution abatement plan filed by KBDJ, L.P. relating to activities affecting the Edwards Aquifer. The district court entered judgment in fa vor of the Commission and KBDJ. We hold that the effective date of the Commission’s decision was not tolled by the City’s filing a motion to overturn and, therefore, the City failed to file suit within 30 days after the effective date of the Commission’s decision as required by…

2Cases cited8 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Public Utility Commission v. Gulf States Utilities Co.Texas Supreme Court · 1991
  3. Heat Energy Advanced Technology, Inc. v. West Dallas Coalition for Environmental Justice, Texas Court of Appeals, 3rd District (Austin)1998
  4. Texas-New Mexico Power Co. v. Texas Industrial Energy ConsumersTexas Supreme Court · 1991
  5. Star Houston, Inc. v. Texas Department of Transportation, Motor Vehicle Division, Texas Court of Appeals, 3rd District (Austin)1997

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3Cited by11 opinions

  1. Texas Commission on Environmental Quality v. Bonser-LainCourt of Appeals of Texas · 2014
  2. Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. American Youthworks, Inc., D/B/A American Youthworks Charter School Honors Academy, Inc., D/B/A Honors Academy And Azleway Inc., D/B/A Azleway Charter SchoolCourt of Appeals of Texas · 2016
  3. Southwestern Electric Power Company v. Public Utility Commission of Texas, Texas Court of Appeals, 7th District (Amarillo)2011
  4. Texas Water Development Board v. Ward Timber, Ltd. Ward Timber Holdings Shirley Shumake Gary Cheatwood Richard Letourneauand Pat Donelson, Texas Court of Appeals, 11th District (Eastland)2013
  5. Harvey Lee Kunze v. Texas Commission on Environmental Quality and City of La Coste, Texas Court of Appeals, 3rd District (Austin)2015

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