Legal Opinion
Monk v. Huston
Court of Appeals for the Fifth Circuit
Decided July 28, 2003No. 02-40880, 02-41155PublishedCited by 45 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Defendant officials of the Texas Commission on Environmental Quality (“TCEQ”) appeal (1) a preliminary injunction precluding them from considering a landfill permit apphcation and (2) the denial of their motion to dismiss. Concluding that this dispute is not ripe for adjudication, we vacate the injunction and reverse and remand.
I
In 1996, TSP Development, Limited, a Texas limited partnership, filed a permit apphcation with the TCEQ requesting approval to construct a landfill facility capable of handling three classes of nonhazardous industrial sohd waste (“NISW”),…
2Cases cited9 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Texas v. United StatesSupreme Court of the United States · 1998
- Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
- John Corp. v. City of HoustonCourt of Appeals for the Fifth Circuit · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Roark & Hardee LP v. City of AustinCourt of Appeals for the Fifth Circuit · 2008
- Rothe Development Corp. v. Department of DefenseCourt of Appeals for the Federal Circuit · 2005
- Mississippi State Democratic Party v. BarbourCourt of Appeals for the Fifth Circuit · 2008
- Lopez v. City of HoustonCourt of Appeals for the Fifth Circuit · 2010
- City of Anson v. Harper, Texas Court of Appeals, 11th District (Eastland)2006
40 more not listed; retrieve them via the Exa API.