Attorney General Says TCEQ Must Ignore Zoning and Other City Ordinances When Approving Concrete Crushing Facility

On April 19, the attorney general issued an opinion (KP-190) concluding not only that the Texas Commission on Environmental Quality (TCEQ) does not have to, but in some cases is not allowed to, consider zoning and other city recommendations when approving permits for concrete crushing facilities. TML and the Texas City Attorneys Association (TCAA) filed comments with the attorney general arguing exactly the opposite. TML and TCAA argued that the TCEQ has a statutory mandate under the Texas Clean Air Act to give the utmost deference to a city’s recommendation in relation to any rule, determination, variance, or order that affects an area in the city’s jurisdiction, and that TCEQ has clear authority to consider local ordinances when issuing a permit… Read more from the Texas Municipal League