The Texas Commission on Environmental Quality recently lost its appeal against Exxon Mobil Corporation, Exxon Mobil Oil Corp., Shell Oil Co. and Pennzoil-Quaker State Co. related to the state agency’s argument that a remediation order at a Texas Superfund site should be reviewed solely under a substantial evidence standard.
The Texas Third District Court of Appeals at Austin concluded that the order should be reviewed under a preponderance of evidence standard and affirmed the trial court’s order denying the commission’s plea to the jurisdiction.
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