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LaFARGE CORP. v. CAMPBELL

Civ. No. A-92-CA-079.

813 F.Supp. 501 (1993)

LAFARGE CORPORATION, Plaintiff, v. William R. CAMPBELL, Executive Director of the Texas Air Control Board, and Jesus Garza, Executive Director of the Texas Water Commission, Defendants.

United States District Court, W.D. Texas, Austin Division.

February 3, 1993.

Attorney(s) appearing for the Case

James E. Cousar, Jerry M. Keys, Howard L. Gilberg, Becky L. Jolin, Thompson & Knight, Austin, TX, for plaintiff.

Linda B. Second, Atty. Gen. of Texas, no pro hac vice, Thomas H. Edwards, Austin, TX, for defendants.

AMENDED1 MEMORANDUM OPINION and ORDER

SPARKS, District Judge.

The issue before the Court in the above-styled and numbered cause is whether or not the denial of Lafarge's permit application to burn hazardous waste-derived fuel in its cement kiln because of the existence of an established residence within one-half mile of the kiln, pursuant to Section 1.17 of Senate Bill 1099 ("S.B. 1099" or "the siting prohibition"), is unconstitutional...

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