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Velva L. Price
District Clerk
Travis County
No. _________________________
D-1-GN-18-000020 D-1-GN-18-000020
Carrisa Escalante

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CITY OF MARBLE FALLS, TEXAS, § IN THE DISTRICT COURT

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MARBLE FALLS 300, L.P., §

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GRANT DEAN, and §
PAUL KING, §

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Plaintiffs, §
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vs. § FOR TRAVIS COUNTY, TEXAS

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§
TEXAS COMMISSION ON ENVIRONMENTAL §

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QUALITY, §
BRYAN W. SHAW, TOBY BAKER, and §

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JON NIERMANN, in their official §

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capacities as Commissioners of the §
Texas Commission on Environmental §

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Quality, and §
RICHARD A. HYDE, in his official §
capacity as Executive Director of the § ct
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Texas Commission on Environmental §
Quality, §
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Defendants. § ______ JUDICIAL DISTRICT


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ORIGINAL PETITION

Nature of suit
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1. This is: (a) a suit authorized by TEX. WATER CODE § 5.351(a) to review, set aside,
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modify, or suspend an action of the Texas Commission on Environmental Quality


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(“TCEQ”); and (b) an appeal of the same TCEQ action authorized by TEX. HEALTH &
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SAFETY CODE § 382.032(a). The plaintiffs also seek declaratory and temporary and per-
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manent injunctive relief.


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2. The standard of judicial review for this suit is whether the challenged action or
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actions of the agency are invalid, arbitrary, or unreasonable.


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3. The challenged TCEQ action is the November 30, 2017, formal authorization by

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the Director of TCEQ’s Air Permits Division issued to Asphalt Inc., LLC (“Asphalt

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Inc.”), for it to construct and operate a permanent rock crushing plant in Burnet County

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at a site lying partially inside the extraterritorial jurisdiction of the City of Marble Falls.

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(This TCEQ action will sometimes be referred to in this petition as “November 30 agen-

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cy action.”) The November 30 agency action determined that Asphalt Inc.’s application

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for its Marble Falls rock crushing plant met the requirements of TCEQ’s Air Quality

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Standard Permit for Permanent Rock and Concrete Crushers (referred to herein as “rock

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crusher standard permit”), which issued nearly a decade earlier.

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Plaintiffs
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4. The plaintiffs are:


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a. The CITY OF MARBLE FALLS, TEXAS (“Marble Falls” or “the City”),


which is a Texas home rule city in Burnet County with a current popula-
tion of approximately 7,154 persons according to census estimates. At the
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time the Asphalt Inc. plans for a Burnet County rock crushing facility pub-
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licly surfaced, part of Marble Falls’s extraterritorial jurisdiction (“ETJ”)


encompassed the site of the proposed facility and the area was targeted for
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full annexation and was in the growth corridor planned by the City through
its comprehensive plan for long-range development. Since then, the City
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has annexed part of the site into the City. A majority of the site is in the
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City limits and its ETJ. The siting of the Asphalt Inc. plant has disrupted
the City’s plans for growth, undermined anticipated tax value to the tune
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of millions of dollars over the next few years, and left the residents of Mar-
ble Falls faced with increased environmental and health risks due to the air
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contaminants that will be emitted from the Asphalt Inc. facility.


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b. MARBLE FALLS 300, L.P. (“Marble Falls 300”) which is a residential


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property developer in Burnet County. Marble Falls 300 owns a 300-acre


tract of land, known as the Gregg Ranch, south of Marble Falls about 3,700
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feet west of the Asphalt Inc. site. Marble Falls 300 purchased this tract
with the intent to develop it as a planned residential community. It is con-

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cerned about the adverse health impacts of the Asphalt Inc. plant, especial-
ly with regard to emissions of PM2.5 and silica that will potentially exceed

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state and federal limits. The nearby Asphalt Inc. plant will lead to signifi-

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cant harm to Marble Falls’ 300-acre tract and the company’s investment-

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backed expectations for its development and use.

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c. GRANT DEAN whose home is just over 3,000 linear feet from the north
end of the site for the Asphalt Inc. plant, which is where most of the rock is

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located. Mr. Dean is concerned about the adverse health impacts of the

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Asphalt Inc. plant, especially with regard to emissions of PM2.5 and silica
that will potentially exceed state and federal limits. Mr. Dean is also con-

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cerned that Asphalt Inc.’s operation will result in significant harm to his
land, which he frequently uses as a workplace, including using his resi-

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dence as a model home and raising bees for retail honey, as well as con-

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cerns regarding harm to the wildlife on his property (Mr. Dean has a wild-
life exemption that requires him to feed deer, migratory birds, quail, and

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turkey) and the potential loss of his wildlife exemption. Additionally, Mr.
Dean has raised garden beds from which he donates a majority of the pro-
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duce to Mission Marble Falls. Mr. Dean’s ability to enjoy his property and
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to realize his investment-backed expectations associated with the use of his
land is jeopardized by the proposed permit.
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d. PAUL KING owns a 58-acre tract of land south of the City, near the Asphalt
Inc. plant and directly across Highway 281 from the Marble Falls 300 tract.
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He purchased the property in 2014 with the intent of developing the prop-
erty and is currently operating under a development agreement with Mar-
ble Falls and Harvard Investments to bring utilities to the project for his
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site, called Live Oak Village (“LOV”). LOV is in the city limits of Marble
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Falls, having recently been annexed. The rock crusher site is only 4,000
feet west of LOV, and concerns about air quality, noise, and traffic as a re-
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sult of the plant have arisen with potential contractors for LOV-related
work. Mr. King is concerned about the adverse health impacts of the As-
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phalt Inc. plant, especially with regard to emissions of PM2.5 and silica
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that will potentially exceed state and federal limits. Operation of Asphalt
Inc.’s plant will adversely affect the LOV project in significant ways and
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either delay or forestall completely the residential development.


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Defendants
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5. The agency defendant is the TEXAS COMMISSION ON ENVIRONMENTAL QUALI-


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TY. TCEQ is the principal state agency dealing with environmental matters in this state
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and is specifically charged with responsibilities for permits and authorizations concerning

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rock crusher plants and the pollutants they emit. TCEQ undertook the permitting and

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authorization actions concerning Asphalt Inc.’s Marble Falls rock crusher that are chal-

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lenged in this case. The challenged actions were undertaken in their official capacities by

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the TCEQ Commissioners (currently, Chairman Bryan W. Shaw and Commissioners

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Toby Baker and Jon Niermann) and its Executive Director (currently, Richard A. Hyde)

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and his delegated staff. As instructed in TEX. WATER CODE § 5.357, the lawsuit challeng-

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ing these actions is brought against TCEQ itself, and citation will be effectuated by ser-

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vice on TCEQ’s Executive Director at his offices in Travis County, Texas, Building F,

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Suite 4208, 12100 Park 35 Circle, Austin, Texas 78753.

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BRYAN W. SHAW, TOBY BAKER, JON NIERMANN, and RICHARD A. HYDE are
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defendants in their official capacities, as stated in ¶ 5, above.
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Venue
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7. Venue in Travis County is proper under TEX. CIV. PRAC. & REM. CODE §§

15.001(b)(1) & (2), 15.002(a)(1), 15.002(a)(3), and 15.016, TEX. HEALTH & SAFETY CODE
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§ 382.032(a), and TEX. WATER CODE § 5.354.


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Discovery track
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8. A Level 3 discovery control plan under TEX. R. CIV. PROC. 190.4 is appropriate for
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this case.
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Factual background to claims


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9. The Texas legislature has authorized TCEQ to develop and issue types of pre-
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packaged, standardized permits—commonly termed “standard permits”—which, at the


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time of issuance, are not linked to any specific facility, entity, or location. Rather, through

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the Texas Clean Air Act, TCEQ is authorized to develop such standard permits for

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“new” facilities if they are “similar.” See TEX. HEALTH AND SAFETY CODE §§

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382.051(b)(3), 382.05195(a).* Under § 382.05195(i), TCEQ’s Commissioners have dele-

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gated to the Executive Director and his staff the authority to issue authorizations to appli-

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cants to construct and operate facilities under standard permits.

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10. The Texas legislature did not give TCEQ carte blanche authority to issue standard

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permits for similar new facilities; instead, its enactment of § 382.05195 specifically condi-

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tioned the permission given TCEQ. TCEQ must first make three specific findings in con-

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nection with issuing a standard permit:

a. that the standard permit is enforceable; ct


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b. that TCEQ can adequately monitor compliance with the terms of
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the standard permit; and


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c. that, for permit applications filed after August 31, 2001, all facilities
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permitted under this section will use control technology at least as


effective as that described in Section 382.0518(b).
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§ 382.05195(a)(1)-(3).
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11. This conditional authorization to TCEQ for standard permits was accompanied by
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removal of the procedural protections afforded the public by the Texas Administrative
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Procedure Act (“APA”), see § 382.05195(g), including APA protections associated with
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“public participation in the rulemaking process,” Tex. Gov’t Code § 2001.001(2).


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12. Against this statutory backdrop, TCEQ determined to undertake development of


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a standard permit for rock crusher plants. In doing so, TCEQ also chose to avail itself of
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the opportunity provided by the legislature to opt out of using the full APA processes for
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*
All statutory citations are to the Texas Health and Safety Code unless otherwise specified.

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public involvement and for rulemaking in development of the standard permit for rock

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crusher plants (“rock crusher standard permit”). For standard permits of statewide im-

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pact such as the one at issue in this case, under § 382.05915(b), TCEQ is obligated to pub-

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lish notice of a proposed standard permit in the Texas Register and in “one or more

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statewide newspapers” in order to “provide reasonable notice throughout the state.”

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TCEQ published its notice about a proposed standard permit for permanent rock crush-

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ing facilities on February 15, 2008, in the Texas Register (at 33 Tex.Reg. 1413) and the

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Houston Chronicle, Austin American-Statesman, and Dallas Morning News, allowing for a

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30-day public comment period and a public meeting in Austin.

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TCEQ then proceeded on July 9, 2008, to adopt the standard permit for perma-
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nent rock crushing facilities, effective July 31, 2008. It is officially termed the “TCEQ Air
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Quality Standard Permit for Permanent Rock and Concrete Crushers.”


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14. The Asphalt Inc. rock crusher was not on the drawing boards and not a publicized

proposal during the timeframe of development and adoption of the rock crusher standard
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permit. So the City and the other plaintiffs in this case had no objective reason, personal
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and concrete as to them, to be concerned with and to comment on development of such a


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standard permit.
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15. Asphalt Inc. filed its permit application for the Marble Falls rock crusher facility
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with the TCEQ on August 14, 2017. The application did not bear the signature and seal of
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a Registered Texas Professional Engineer.


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16. The facility would be on a 500-acre site on the west side of U.S. Highway 281,
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about ninety feet west of U.S. 281’s intersection with Flat Rock Road, partially in Marble

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Falls and directly across the road to the south from the Baylor Scott & White hospital.

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Operations at the rock crushing facility—both the rock crushing itself and the stockpiling

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of rocks—would include emission of air contaminants, including silica-laden dust (be-

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cause the local rocks have unusually high concentrations of this carcinogen), that will be

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injurious to the health of nearby residents, including many residents of Marble Falls.

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These harms will be exacerbated by the fact that Burnet County already is home to seven-

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teen rock crusher facilities, each one of which emits its own air contaminants.

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17. On August 21, 2017, a week after Asphalt Inc. filed its application, TCEQ de-

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clared the application technically complete. Notice of the application was published in

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English in The Highlander newspaper on September 1, 2017, and in Spanish in La Prensa
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Comunidad on August 31, 2017. TCEQ subsequently held an “informational public meet-
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ing” in Marble Falls on October 26, 2017. The public comment period ended on October
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31, 2017. The City, Marble Falls 300, Grant Dean, and Paul King were among those sub-

mitting written comment during this comment period. Their comments opposed the re-
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quested TCEQ authorization and provided the factual and legal bases for their opposition.
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18. Of special pertinence are the comments submitted by the City. Asphalt Inc.’s
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Marble Falls plant site is in the City’s ETJ and, as a result, the City’s comments were au-
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thorized by § 382.112, which allows a city in Marble Falls’s situation to “make recom-
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mendations to the commission” in connection with an agency determination that affects


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an area with its “territorial jurisdiction.” This statutory provision mandates—using the
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directive word “shall”—the commission to give “maximum consideration” to the City’s


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recommendations about Asphalt Inc.’s plant.

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19. In disregard of § 382.112’s mandate, TCEQ failed to give “maximum considera-

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tion” to the City’s recommendations of October 31, 2017, concerning Asphalt Inc.’s

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plant. In fact, the commission gave the same consideration to the City’s comments as it

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gave to all the other comments from the public—which boils down to no consideration at

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all. TCEQ’s November 30, 2017, response to comments acknowledges the comments and

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summarizes what they were, but its “consideration” of the comments amounted to little

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more than a simple recitation of the way the standard permitting process works. TCEQ

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treated the City no differently than any other public commenter in this regard.

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20. The same day that it released its response to comments—November 30, 2017—

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TCEQ issued its authorization to Asphalt Inc. to construct and operate its Marble Falls
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rock crushing plant under the 2008 permanent rock crusher plant standard permit.
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TCEQ assigned Registration No. 148112 to the Asphalt Inc. application and authoriza-
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tion.

21. TCEQ’s authorization to Asphalt Inc. was not based on facts and circumstances
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demonstrated by Asphalt Inc. during the application review process. Instead, the authori-
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zation was based on passive acceptance of Asphalt Inc.’s representations in forms it filled
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out (TCEQ Form 20335 and TCEQ Form 20463) and submitted to TCEQ. Among these
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representations is Asphalt Inc.’s untested recitation that the capital costs for its Marble
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Falls plant would not be more than $2,000,000.00. The record made thus far fails to re-
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flect any fact-based demonstration by Asphalt Inc. to support its capital cost assertion.
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TCEQ’s failure to require Asphalt Inc. to demonstrate its capital costs, and thus allow
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Asphalt Inc. to avoid having its application sealed by a professional engineer, is but one of

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many examples of how TCEQ has violated its own rules at 30 Tex. Admin. Code §

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116.610(a)(3) by failing to require the applicant to demonstrate that the project will com-

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ply with relevant air quality statutes and regulations.

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22. The same failing also stands out with regard to TCEQ’s evaluation of the actual

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environmental impacts of Asphalt Inc.’s operation.

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23. The legal process ensuing from TCEQ’s November 30 authorization is not laid

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out precisely or clearly in pertinent legislation, although the better reading of the govern-

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ing provisions is that those opposing the initial staff authorization, especially including

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municipalities such as the City, are entitled to seek review by the TCEQ Commissioners

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themselves through the timely filing of motions for such review. Nonetheless, inasmuch
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as subject matter jurisdiction issues could be implicated, Plaintiffs have opted for a two-
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pronged precautionary approach. First, they have timely filed this lawsuit. Second, and in
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addition, both the City (on the one hand) and Marble Falls 300, Grant Dean, and Paul

King (on the other) have timely filed motions with the TCEQ Commission itself. On De-
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cember 22, 2017, the City filed a Motion to Overturn the November 30 authorization to
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Asphalt Inc. and the other three plaintiffs here filed a Motion for Reconsideration or Re-
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hearing and to Overturn or, Alternatively, a Variance. Both filings were with the TCEQ
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Commissioners, with the Motion for Reconsideration or Rehearing and to Overturn or,
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Alternatively, a Variance also being filed with the Executive Director. The Commission-
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ers have taken no action on these filings as of the date of the filing of this original petition.
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24. TCEQ is unable to establish, either generally or specifically as applied to the As-
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phalt Inc. Marble Falls rock crushing plant, that its standard permit for permanent rock

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crushing facilities is enforceable, that TCEQ can adequately monitor compliance with the

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terms of the standard permit, or that its standard permit for permanent rock crushing fa-

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cilities as applied to the Asphalt Inc. Marble Falls plant in particular requires the control

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technology used there to be at least as effective as described in § 382.0518(b).

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25. One problem is TCEQhas failed to properly address particulate emissions. For a

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long time, there was no methodology for evaluating PM2.5 emissions. Instead, the United

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States Environmental Protection Agency (“EPA”) temporarily allowed the evaluation

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methodology for PM10 emissions, modified, to serve as a surrogate for PM2.5 evaluation.

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26. However, the use of that surrogate methodology should have been discontinued

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long before Asphalt Inc.’s application ever arrived at the TCEQ. A 2011 change in federal
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regulations and subsequent guidance by the EPA made clear that the methodology used
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by TCEQ in its 2008 adoption of its standard permit for permanent rock crushing facili-
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ties is no longer allowed. Thus, TCEQ’s standard permit for permanent rock crushing

facilities violates the Texas Clean Air Act, including § 382.051(d).


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27. Nothing in the TCEQ Response to Comments indicates that TCEQ is complying
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with the current procedure for evaluating PM2.5 emissions in this matter, even though
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the issue was identified in a comment. Independent air emissions modeling performed by
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Plaintiffs of the proposed Asphalt Inc. facility indicate that the lawful PM2.5 standard will
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likely be exceeded, as will other standards, including without limitation the allowable
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emissions for silica.


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28. The allegations of harm to Plaintiffs set forth in ¶ 4, above, are repeated here by
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incorporation.

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Claims

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Count 1 – statutory violation

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29. By failing to respond to all comments submitted regarding the application of As-

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phalt Inc. LLC, TCEQ acted ultra vires, beyond its statutory authority, and has violated §

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382.05195(d). Thus, the standard permit for permanent rock crushing plants, effective

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July 31, 2008, is illegal as applied to Plaintiffs through the authorization of November 30,

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2017, for the Asphalt Inc. Marble Falls rock crushing plant to be constructed and operated

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under the standard permit for permanent rock crusher plants, because it violates §

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382.05195 and basic principles of administrative law.

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30. By failing to require an affirmative demonstration, as opposed to mere recitation,
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by Asphalt Inc. that its Marble Falls plant meets the requirements of the standard permit
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for rock crushers, TCEQ has violated 30 Tex. Admin. Code § 116.610(a), which imposes

a state law requirement that incorporates federal Clean Air Act requirements that facili-
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ties such as Asphalt Inc.’s “demonstrate” the facts necessary to be authorized to operate
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under a standard permit. Neither the subject application, nor the TCEQ evaluation of
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that application, properly addresses the question of PM2.5 emissions from the proposed
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rock crusher operation. This, in turn, violates the Texas Clean Air Act, including §§
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382.018(b), 382.051(d), and 382.05195(a)(3).


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Count 3 – constitutional violation (improper delegation of legislative authority)


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31. Alternatively, if the standard permit for rock crushing plants, effective July 31,
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2008, is not illegal as applied to Plaintiffs through the authorization of November 30,

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2017, for the Asphalt Inc. Marble Falls rock crushing plant as alleged in ¶ 29, above, then-

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the statutory scheme in § 382.05195 for issuance of standard permits is unconstitutional

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under Article I, § 2, and Article III, § 1, of the Texas Constitution because it is a standard-

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less delegation of legislative authority. In the absence findings that Asphalt, Inc. LLC has

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affirmatively demonstrated that it meets the requirements of 30 Tex. Admin. Code §

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116.610(a)(3), which should, but, nonetheless, do not, accompany TCEQ’s order on

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standard permits for permanent rock crushing plants or its authorization to Asphalt, Inc.,

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and in the absence of any statutory or administrative law requirement that TCEQ make

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such findings, the legislature has failed in § 382.01595 to provide the constitutional mini-

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mum of reasonable standards to TCEQ to exercise the authority delegated to it by the leg-
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islature.
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Count 4 – constitutional violation (open courts)


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32. The legislative and administrative procedure governing consideration, issuance,

and judicial review of the TCEQ Air Quality Standard Permit for Permanent Rock and
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Concrete Crushers, and TCEQ’s authorization of November 30, 2017, for the Asphalt
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Inc. Marble Falls rock crushing plant violates the open courts provision of the Texas Con-
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stitution, TEX. CONST. Art. I, § 13.


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Count 5 – constitutional violation (due process)


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33. The standard permit application process utilized by TCEQ for permanent rock
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crushers, both in terms of its insufficient notice to the public and its failure to require a
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permit applicant to actually demonstrate that a facility will achieve compliance with all
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relevant standards and criteria under the Texas Clean Air Act and TCEQ rules, violates

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the due process rights of Plaintiffs in violation of the due process clause of the Texas

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Constitution, TEX. CONST. Art. I, § 19.

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Count 6 – statutory violation (City of Marble Falls only)

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34. If TCEQ refuses to recognize a procedural right for the City to file a motion with

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the TCEQ Commissioners seeking review of the staff approval of Asphalt Inc.’s standard

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permit application and providing the City’s comments and recommendations to the

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Commissioners for review and consideration, the procedure followed for the standard

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permit and authorization at issue in this case violates § 382.112’s requirement that the

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Commissioners must give “maximum consideration” to the recommendations of a local

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Relief requested
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35. Based upon the foregoing matters, facts, and claims, Plaintiffs pray for:
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a. a declaratory judgment under TEX. CIV. PRAC. & REM. CODE § 37.004(a)
that TCEQ’s authorization of November 30, 2017, for the Asphalt Inc.
Marble Falls rock crushing plant to be constructed and operated under the
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standard permit for permanent rock crusher plants effective July 31, 2008,
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violates § 382.05195(a)(1)-(3) and underlying principles of administrative


law;
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b. alternatively to ¶ 35.a, a declaratory judgment under TEX. CIV. PRAC. &


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REM. CODE § 37.004(a) that TCEQ’s authorization of November 30, 2017,


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for the Asphalt Inc. Marble Falls rock crushing plant to be constructed and
operated under the standard permit for permanent rock crusher plants ef-
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fective July 31, 2008, is illegal because § 382.05195 violates Article I, § 2,


and Article III, § 1, of the Texas Constitution;
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c. a declaratory judgment under TEX. CIV. PRAC. & REM. CODE § 37.004(a)
that the judicial review provisions governing TCEQ’s issuance of the
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standard permit for permanent rock crushing plants, effective July 31,
2008, and TCEQ’s authorization of November 30, 2017, for Asphalt Inc.’s
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Marble Falls rock crushing plant to be constructed and operated under the
standard permit for permanent rock crushing plants, are illegal because

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such provisions and actions violate Article I, § 13, of the Texas Constitu-
tion;

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d. a declaratory judgment under TEX. CIV. PRAC. & REM. CODE § 37.004(a)

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that TCEQ’s issuance of the standard permit for permanent rock crushing
plants, effective July 31, 2008, and TCEQ’s authorization of November

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30, 2017, for Asphalt Inc.’s Marble Falls rock crushing plant to be con-
structed and operated under the standard permit for permanent rock

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crushing plants, are illegal because such provisions and actions violate Ar-

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ticle I, § 19, of the Texas Constitution;

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e. a declaratory judgment under TEX. CIV. PRAC. & REM. CODE § 37.004(a)
that TCEQ’s issuance of its standard permit for permanent rock crushing

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plants effective July 31, 2008, and TCEQ’s authorization of November 30,

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2017, for the Asphalt Inc. Marble Falls rock crushing plant to be con-
structed and operated under that standard permit, are illegal because they

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violate the Texas Clean Air Act and relevant TCEQ rules, including with-
out limitation §§ 382.051 and 382.05195 and 30 Tex. Admin. Code §
116.610(a); ct
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e. a declaratory judgment under TEX. CIV. PRAC. & REM. CODE §
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37.004(a) that TCEQ’s authorization of November 30, 2017, for the As-
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phalt Inc. Marble Falls rock crushing plant to be constructed and operated
under the standard permit for permanent rock crusher plants effective July
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31, 2008, is illegal because, insofar as it precludes review and maximum


consideration by the TCEQ Commissioners, it violates the rights of the
City under § 382.112;
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f. an order vacating both TCEQ’s authorization of November 30, 2017, for


Asphalt Inc.’s Marble Falls rock crushing plant to be constructed and op-
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erated under the standard permit for permanent rock crushing plants and
TCEQ’s order approving the standard permit for permanent rock crushing
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plants that became effective on July 31, 2008;


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e. an injunction against TCEQ, barring it from issuing any further authoriza-


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tions or revisions to authorizations for Asphalt Inc.’s Marble Falls rock


crushing plant to be constructed and operated under the standard permit
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for permanent rock crushing plants until and unless TCEQ has developed
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a new standard permit for permanent rock crushing plants consistent with
§§ 382.05195(a)(1)-(3) and 382.051(d);
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f. a temporary and permanent injunction prohibiting TCEQ’s November 30


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action with respect to Asphalt Inc.’s Marble Falls rock crushing plant from

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having any further force or effect from the date of entry of such injunctive
relief;

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g. such reasonable and necessary attorney fees as may be equitable and just

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under TEX. CIV. PRAC. & REM. CODE § 37.009; and

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h. such other and further relief as may be appropriate.

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Respectfully submitted,

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__/s/ Renea Hicks_________________
Renea Hicks

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Attorney at Law

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State Bar No. 09580400

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LAW OFFICE OF MAX RENEA HICKS
P.O. Box 303187
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Austin, Texas 78703-0504
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(512) 480-8231
rhicks@renea-hicks.com
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ATTORNEY FOR PLAINTIFFS


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SLEDGELAW GROUP, PLLC


919 CONGRESS AVENUE, SUITE 460
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AUSTIN, TEXAS 78701


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(512) 579-3600
(512) 579-3611 FAX
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BY: _/s/ Brian L. Sledge_________


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Brian L. Sledge
State Bar No. 00719675
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bsledge@sledgelaw.com
Jennifer L. Smith
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State Bar No. 04947600


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jsmith@sledgelaw.com
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ATTORNEYS FOR PLAINTIFFS


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Patricia L. Akers, City Attorney
Marble Falls, Texas

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State Bar No. 11795470

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AKERS & AKERS, LLP

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13625 Pond Springs Rd., Ste. 204
Austin, Texas 78729

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Phone: 512-600-2305
Fax: 512-233-0801

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Pakers@txcityattorney.com

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ATTORNEY FOR PLAINTIFFS

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