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Air pollution

BCCA Appeal Group, Inc. v. City of Houston

The Supreme Court of Texas held that the Texas Clean Air Act and the Act’s enforcement mechanisms in the Texas Water Code preempt a Houston air-quality ordinance. The Houston ordinance’s enforcement provisions are inconsistent with the...

Ass'n of Taxicab Operators USA v. City of Dallas

The Fifth Circuit held that the CAA does not preempt a local ordinance that allows taxicabs certified to run on compressed natural gas (CNG) to cut ahead of gasoline-powered taxis in the queue for picking up passengers at Love Field...

Southern Crushed Concrete, LLC v. City of Houston

The Texas Supreme Court held that the Texas Clean Air Act (TCAA) preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location. The TCAA provides that a municipal ordinance may not...

Texas v. United States Environmental Protection Agency

The Fifth Circuit vacated EPA's disapproval of Texas's flexible permit program under the CAA. Texas submitted the program to EPA as a revision to its SIP and as a new feature of the state's minor new source review (NSR) regime. Under...

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit upheld an EPA rule partially approving and partially disapproving revisions to Texas' SIP concerning civil penalties for excess emissions resulting from startup, shutdown, and malfunction (SSM) activities....