Texas Justices Mull Preemption In Houston Propane Reg Case

Law360 (October 29, 2020, 8:56 PM EDT) -- The Texas Supreme Court questioned Thursday whether a propane industry group must individually challenge each Houston city regulation it alleges is preempted by a state law, or if it can attack the entire set or regulations collectively, and also whether the group has standing to mount the challenge.

In the lawsuit that pits the Texas Propane Gas Association against the city, both sides petitioned the state's high court for review last year. The TPGA argues any local rules are "preempted as a blanket matter" by Chapter 113 of the Texas Natural Resources Code — also known as the Liquefied Petroleum Gas...

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