The city of Houston denied Southern Crushed Concrete's municipal permit application to move a concrete-crushing facility to a new location. Because the city's ordinance makes it unlawful to build a concrete-crushing facility at a location that was specifically authorized by the Commission on Environmental Quality by virtue of a Texas Clean Air Act permit, the ordinance is preempted. The court of appeals' judgment is reversed and rendered for SCC. Texas Supreme Court, No. 11-0270, 02-15-2013.
Southern Crushed Concrete LLC v. City of Houston
Tx. Sup. Ct.
February 19, 2013