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The Climate Litigation Database
Litigation

Texas Commission on Environmental Quality v. Bonser-Lain

Date
2011
Geography
Texas
Part of
Bonser-Lain v. Texas Commission on Environmental Quality

About this case

Filing year
2011
Status
Opinion issued dismissing for want of subject matter jurisdiction.
Geography
Docket number
03-12-00555-CV
Court/admin entity
United States → State Courts → Tex. App.
Case category
Public Trust Claims
Principal law
United States → Public Trust Doctrine
At issue
Proceedings seeking to compel Texas state agency to adopt rules to reduce greenhouse gas emissions pursuant to public trust doctrine.

Documents

Filing Date
Type
Action Taken
Document
Summary
07/23/2014
Decision
Opinion issued dismissing for want of subject matter jurisdiction.
View
The Texas Court of Appeals ruled that the district court erred in concluding that it had subject matter jurisdiction. The appellate court concluded that neither the Texas Administrative Procedure Act nor the Texas Water Code waived sovereign immunity for judicial review of denials of rulemaking petitions.
07/19/2013
Amicus Motion/Brief
Amicus brief filed by business and industry groups in support of appellant.
View
–
05/09/2013
Amicus Motion/Brief
Amicus brief filed in support of appellees.
View
–
04/22/2013
Brief
Brief filed by appellees.
View
–
02/19/2013
Brief
Brief filed by appellant Texas Commission on Environmental Quality.
View
–

Summary

Proceedings seeking to compel Texas state agency to adopt rules to reduce greenhouse gas emissions pursuant to public trust doctrine.