Texas High Court Crushes Houston Air-Quality Ordinance

Law360, New York (February 15, 2013, 4:44 PM EST) -- The Texas Supreme Court ruled Friday that a Houston ordinance restricting where concrete-crushing facilities can be operated is preempted by the Texas Clean Air Act and cannot be enforced, siding with Southern Crushed Concrete LLC in its challenge to the city’s more restrictive ordinance.

The state’s high court reversed the 14th District Court of Appeals’ decision in favor of the city and instead rendered judgment for Southern Crushed Concrete, saying Houston’s ordinance conflicted with the TCAA, which provides that “an ordinance enacted by a municipality ......
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