ELR Citation: 43 ELR 20039
No(s). 11-0270 (Tex. Feb 15, 2013)

The Texas Supreme Court held that the Texas Clean Air Act (TCAA) preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location. The TCAA provides that a municipal ordinance may not prohibit any acts approved or authorized by the Texas Commission on Environmental Quality. Here, the Texas Commission on Environmental Quality had previously issued a permit authorizing construction of the facility at the proposed location. Because the ordinance makes it unlawful to build a concrete-crushing facility at a location that was specifically authorized by the Commission, the ordinance is preempted.