Sunday, July 09, 2006

legal battles to cleanup URI.corporation MESS

Court Cases
Rulings Against the TNRCC




Heat Energy Adv. Tech. v. West Dallas Coalition (Cause No. 962 S. W. 2nd 288) In this case the court rejected TNRCC's effort to require hearing requestors to demonstrate more that that they have a justiciable interest to qualify as "affected persons."

Holton v. TNRCC, (Cause No. 97-06408) In this case the court rejected TNRCC's application of the test of the reasonableness of a hearing request. TNRCC decided that, while the requestor was an affected person and had a valid interest in the water quality issues invloved in the discharge permit, TNRCC conluded that her major or primary concern was flooding and, thus, her hearing request was not reasonable.

Sierra Club, Frontera Audubon Society, Mary Lou Campbell, and Walter Kittelberger v. TNRCC (Cause No. 96-14766) In this case, the court overturned the TNRCC's decision to deny a hearing to those protesting the expansion of a sewage treatment plant on Padre Island.

Sierra Club et.al. v. TNRCC (Cause No. 97-07501) In this case, the court ruled that in considering the Sierra Club's request for a hearing on a discharge permit, TNRCC "did not give the plaintiffs a fair opportunity to present evidence concerning their standing as affected persons."

Keith Weaver vs. TNRCC (Cause No. 98-04623) In this case, the court found that TNRCC erred in determining that Mr. Weaver's hearing request on an amendment to Eastman Chemical Company's permit did not present an adequate basis for a hearing.

Kleberg County and STOP v. TNRCC (Cause No. 98-05977)






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