Texas Natural Resource Conservation Commission v. Sierra Club

The Solid Waste Disposal Act requires service of citation on the Texas Natural Resource Conservation Commission, but neither the Solid Waste Disposal Act nor the Administrative Procedure Act requires serving citation on each party of record; because the respondents complied with the service requirements, the court of appeals' judgment is affirmed.

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On Petition for Review from the Court of Appeals for the Third District of Texas

Argued on November 6, 2001

In this case, we decide whether the Solid Waste Disposal Act, Texas Health & Safety Code � 361.321, and the Administrative Procedure Act, Texas Government Code � 2001.176, require a party appealing a Texas Natural Resource Conservation Commission (TNRCC) order under the Solid Waste Disposal Act to serve citation on each party of record to the administrative proceeding. The trial court concluded that because respondents, Sierra Club and Downwinders at Risk, did not serve citation on each party of record, they failed to meet the statutory prerequisites to suit. The trial court therefore dismissed the appeal for want of subject-matter jurisdiction. Although the court of appeals agreed that the applicable statutes require citation on all parties, it reversed and remanded, concluding that the respondents’ failure to comply with the statutory prerequisites does not implicate subject-matter jurisdiction. 26 S.W.3d 684.

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Texas Natural Resource Conservation Commission v. Sierra Club

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