No. 13-0768
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Oral argument was held on September 2, 2015. The Court issued an opinion resolving the case on April 29, 2016. It then denied rehearing on September 23, 2016 File Closed
Tracking 5 articles about this case.
September 1, 2015
from Texas Tribune
August 31, 2015
from SCOTXblog
This article also mentions 6 other cases.
March 6, 2015
from SCOTXblog
The article also mentions:February 20, 2015
from SCOTXblog
This article also mentions 7 other cases.
Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Johnson, Justice Willett, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined and in which Justice Boyd joined as to parts III(B) and IV. PDF
Justice Boyd delivered a dissenting opinion.View Electronic Briefs | Oral Argument | Video PDF
| Appellate District: | 1st Court of Appeals |
| Outcome Below: | Reverse & Render |
| COA Docket No.: | 01-11-00332-CV |
| Opinion Author: | Honorable James Patrick 'Jim' Sharp |
| Trial Court: | 269th District Court |
| County: | Harris |
| Trial Judge: | Honorable Daniel Earle Hinde |
| Trial Docket: | 2008-09399 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2016-09-23 | Motion for Rehearing - Disposed | Denied | |
| 2016-09-23 | Mandate issued | ||
| 2016-08-15 | Reply to Response to Motion for Rehearing filed (Respondent) | ||
| 2016-08-04 | Response to Motion for Rehearing (Petitioner) | ||
| 2016-06-28 | Motion for Extension of Time to File Response disposed | Filing granted | |
| 2016-06-28 | Motion for Extension of Time to File Response | ||
| 2016-06-22 | Designation of Lead Counsel | ||
| 2016-06-20 | Supreme Court of Texas Requested Response | ||
| 2016-06-15 | Motion for Rehearing | ||
| 2016-06-15 | Case forwarded to Court | ||
| 2016-05-13 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2016-05-13 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2016-04-29 | Dissenting opinion issued. | Issued | |
| 2016-04-29 | Court approved judgment sent to attorneys of record | Issued | |
| 2016-04-29 | Opinion issued | Court of Appeals' judgment affirmed/reversed in part/rendered | |
| This case was awaiting the Court's decision after oral argument between September 11, 2015 and April 29, 2016. | |||
| 2015-09-11 | Post submission brief filed (Respondent) | ||
| 2015-09-02 | Oral argument | ||
| 2015-09-01 | Exhibits in case/cause filed (Petitioner) | ||
| 2015-08-28 | Amicus Curiae Brief received | ||
| 2015-08-17 | Oral Argument Submission Form from Attorney received | ||
| 2015-08-17 | Notice of Appearance | ||
| 2015-08-04 | Amicus Curiae Brief received | ||
| 2015-08-03 | Oral Argument Submission Form from Attorney received | ||
| 2015-07-31 | Oral Argument Submission Form from Attorney received | ||
| 2015-07-03 | Case set for oral argument | Case set for oral argument | |
| This case was waiting for oral argument between March 6, 2015 and July 3, 2015. | |||
| 2015-03-06 | Motion to re-set submission date disposed | Filing granted | |
| 2015-03-04 | Phone call from Clerk's Office | ||
| 2015-02-27 | Amicus Curiae Brief received | ||
| 2015-02-26 | Motion to re-set submission date filed. | ||
| 2015-02-20 | Petition for Review disposed | Filing granted | |
| 2015-02-20 | Petition for Review granted | ||
| 2015-02-20 | Case set for oral argument | Case set for oral argument | |
| 2015-02-10 | Response to Amicus Curiae Brief filed (Respondent) | ||
| 2015-01-27 | Brief on the Merits (Respondent) | ||
| 2015-01-20 | Amicus Curiae Brief received (Amicus Curiae) | ||
| 2015-01-14 | Fully hyperlinked brief filed (Petitioner) | ||
| 2015-01-12 | Amicus Curiae Brief received (Amicus Curiae) | ||
| 2015-01-12 | Reply Brief (Petitioner) | ||
| 2014-12-04 | Motion for Extension of Time disposed. | Filing granted | |
| 2014-12-04 | Motion to Extend Time to File Reply filed | ||
| 2014-11-26 | Brief on the Merits (Respondent) | ||
| 2014-10-23 | Motion for Extension of Time disposed. | Filing granted | |
| 2014-10-23 | Motion for Extension of Time to File Brief filed | ||
| 2014-09-23 | Motion for Extension of Time to File Brief filed | ||
| 2014-09-23 | Motion for Extension of Time disposed. | Filing granted | |
| 2014-09-09 | Fully hyperlinked brief filed (Petitioner) | ||
| 2014-09-05 | Brief on the Merits (Petitioner) | ||
| 2014-07-24 | Motion for Extension of Time to File Brief filed | ||
| 2014-07-24 | Motion for Extension of Time disposed. | Filing granted | |
| 2014-06-25 | Motion for Extension of Time disposed. | Filing granted | |
| 2014-06-25 | Motion for Extension of Time to File Brief filed | ||
| 2014-06-17 | Case Record Filed | ||
| 2014-06-12 | Record Requested in Petition for Review | ||
| 2014-06-06 | Brief on the Merits Requested | ||
| 2014-05-06 | Reply to Response (Petitioner) | ||
| 2014-04-15 | Motion to Extend Time to File Reply filed | ||
| 2014-04-15 | MET to file reply disposed of | Filing granted | |
| 2014-04-07 | Response to Petition (Respondent) | ||
| 2014-03-10 | Motion for Extension of Time disposed. | Filing granted | |
| 2014-03-07 | Motion for Extension of Time to File Response | ||
| 2014-02-06 | Motion for Extension of Time to File Response | ||
| 2014-02-06 | Motion for Extension of Time to File Response disposed | Filing granted | |
| 2014-01-10 | Supreme Court of Texas Requested Response | ||
| 2013-12-23 | Amicus Curiae Brief received | ||
| 2013-12-19 | Amicus Curiae Brief received | ||
| 2013-12-10 | Case forwarded to Court | ||
| 2013-12-05 | Response Waiver filed | ||
| 2013-11-13 | Petition for Review (Petitioner) | ||
| 2013-09-27 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | |
| 2013-09-26 | Motion for Extension of Time to File Petition for Review filed |
| Party | Counsel | Role | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| BCCA Appeal Group, Inc. |
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Petitioner | |||||||||||
| City of Houston, Texas |
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Respondent |
| Amicus Curiae | Counsel | |||
|---|---|---|---|---|
| Texas Oil & Gas Association |
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| Texas Chemical Council |
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| The National Association of Manufacturers |
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| The Chamber of Commerce of the United States of America |
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| Air Alliance Houston |
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| American Lung Association of the Southwest |
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| Office of the Governor |
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| Harris County Attorney's Office |
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Houston adopted an ordinance that included some clean-air regulations, giving local officials the power to enforce them. These included some rules that mirrored requirements of state law, which the local officials could then enforce through civil penalties under the local ordinance.
BCCA sued, arguing that the ordinance is preempted by state law. The City responds that these kinds of rules are within its authority as a home-rule city under the Texas Constitution and, in any event, the state law should be construed to disfavor preemption in this area.
The Governor's office filed its own amicus brief supporting BCCA, arguing that the city's penalty amounts to a criminal penalty that would interfere with the way state the Texas Commission on Environmental Quality deals with repeat offenders. A group of local officials responded with an amicus brief arguing that, to the contrary, local governments can properly impose strict-liability sanctions such as this without offending state law.
