Texas Appeals Court Upholds Houston Air Ordinance

Law360, New York (August 29, 2013, 2:38 PM EDT) -- A Texas appeals court on Thursday reversed a decision declaring an air quality ordinance promulgated by the city of Houston to be preempted by state law, saying the Texas Clean Air Act does not explicitly forbid cities from enacting their own concurrent pollution abatement programs.

The Texas First District Court of Appeals overturned a lower court win for the Business Coalition for Clean Air, a nonprofit organization comprising industrial facility operators in the Houston area. The BCCA had alleged the state legislature granted exclusive power over...
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