TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to https://www.tml.org/p/AmicusBriefUpdate_121817.pdf.

TCEQ PermitApplication by Asphalt, Inc. for an Air Quality Standard Permit for a Permanent Rock Crusher in Burnet County, Texas, Proposed Air Quality Registration No. 148112. The City of Marble Falls submitted comments to the Texas Commission on Environmental Quality (TCEQ) requesting a contested case hearing on Asphalt’s application for an air quality standard permit. Alternatively, the city argues Asphalt’s application should be denied and the company should be required to refile under new source review requirements. TML and TCAA sent a letter to TCEQ in support of the city’s request. In addition, TML and TCAA inform TCEQ of a pending attorney general opinion request (RQ-0185-KP) that has bearing on this matter. TML and TCAA filed comments in relation to RQ-0185-KP arguing that Texas Health and Safety Code Section 382.112 mandates the TCEQ give the utmost deference to a city’s recommendations concerning any rule, determination, variance, or order that affects an area in the city’s territorial jurisdiction. The letter to TCEQ was sent on November 16, 2017.

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