Asarco Vs. TCEQ
261st District Court
Travis County, Texas
Immediately after the TCEQ Commissioners ruled 2-1 to conduct a contested case hearing on Asarco’s air permit renewal in April of 2004, Asarco and associations from across the State of Texas representing 140,000 permitted facilities asked the Commissioners to reconsider their decision. The Commissioners declined to reconsider.
Asarco believes the contested case hearing will be a time-consuming, costly legal proceeding that is outside the rules outlined in the Texas air permit statutes. To protect its investment, Asarco was compelled to file a lawsuit against TCEQ asking the courts to rule on the legality of the contested case hearing. Oral arguments were held on February 25, 2005. The judge ruled in favor of the TCEQ.
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