Denied Rule Petitions In Texas Will Have No Day In Court

Law360, New York (July 31, 2014, 10:45 AM EDT) -- On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject-matter jurisdiction under the Texas Administrative Procedure Act to review orders by state agencies denying petitions for rulemaking. In Texas Commission on Environmental Quality v. Bonser-Lain, et al., No. 03-12-00555-CV (Tex. App. — Austin Jul. 23, 2014), the court of appeals addressed whether the APA waived the Texas Commission on Environmental Quality's ("TCEQ") immunity by permitting a district court to consider the appeal of TCEQ's denial of a petition for rulemaking. The court of appeals first considered whether TCEQ had standing to appeal, in light of...

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