Does the Texas Clean Air Act preempt a Texas municipality’s ordinances from regulating air pollution? In other words, can a city impose clean air regulations that are different from or in addition to regulations imposed by the state? That is the question that has been put before the Texas Supreme Court, which is scheduled to hear oral arguments in BCCA Appeal Group v. Houston on March 25, 2015.
At the upcoming hearing, the Texas Supreme Court will decide whether two city of Houston ordinances that purport to regulate air pollution within the city of Houston’s borders are preempted by the TCAA of 1967.
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