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The Climate Litigation Database
Litigation

Public Citizen v. Texas Commission on Environmental Quality

Date
2009
Geography
Texas
Part of
Public Citizen v. Texas Commission on Environmental Quality

About this case

Filing year
2009
Status
Memorandum opinion issued.
Geography
Docket number
03-10-00296-CV
Court/admin entity
United States → State Courts → Tex. App.
Case category
Federal Statutory Claims → Clean Air ActState Law Claims → Environmentalist Lawsuits
Principal law
United States → Clean Air Act (CAA)United States → State Law—Air Statutes
At issue
Challenge to state’s failure to address climate change when approving new coal-burning facilities.

Documents

Filing Date
Type
Action Taken
Document
Summary
08/09/2013
Decision
Memorandum opinion issued.
View
After Public Citizen voluntarily dismissed its suit against the Texas Commission on Environmental Quality, the Texas Court of Appeals granted Public Citizen's motion to dismiss the appeal.
08/02/2013
Notice
Notice of filing nonsuit in the district court filed by Public Citizen.
View
–
07/16/2013
Decision
Memorandum opinion issued.
View
The Texas Court of Appeals abated the appeal for 30 days to allow Public Citizen to dismiss its claims against the Texas Commission on Environmental Quality in district court.
01/29/2013
Motion
Motion to dismiss as moot filed by Public Citizen.
View
Public Citizen asked the appellate court to dismiss as moot the Texas Commission on Environmental Quality's (TCEQ's) appeal of the district court's denial of its plea to the jurisdiction. Public Citizen said a controversy had ceased to exist once the United States Environmental Protection Agency took action to regulate carbon dioxide emissions from new sources in Texas. Alternatively, Public Citizen said it wished to dismiss its claims without prejudice. TCEQ opposed the motion.

Summary

Challenge to state’s failure to address climate change when approving new coal-burning facilities.