Texas Justices Weigh Penalty For Missing TCEQ Suit Deadline

Law360, Dallas (October 11, 2017, 8:36 PM EDT) -- Texas Supreme Court justices on Wednesday tried to figure out an appropriate penalty for a coating manufacturer that missed a statutory deadline to serve the Texas Commission on Environmental Quality with a lawsuit challenging an agency ruling on pollution emissions credits.

Lower courts had dismissed the lawsuit filed by AC Interests LP because the company, which makes interior and exterior coatings, failed to get formal service of process against the TCEQ within a 30-day deadline. But AC Interests argues that was an abuse of discretion because...
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