[Download] "Collins v. Texas Natural Resources Conservation Commission" by Texas Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Collins v. Texas Natural Resources Conservation Commission
- Author : Texas Court of Appeals
- Release Date : January 31, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
B&N Poultry applied to the TNRCC for a permit to change from a dry waste-management system to an environmentally superior wet waste-management system utilizing compacted clay lined lagoons. Robert Collins, an organic farmer who lives 1.3 miles away from the proposed lagoons, sought a contested case hearing to oppose the application. After considering the pleadings and attached evidence of Collins and the applicant, and allowing Collins to explain his opposition at two public meetings, the Commission determined that Collins was unlikely to be affected by the proposed lagoons and denied his hearing request. Collins sought judicial review of the Commissions decision in a Travis County district court. See Tex. Water Code Ann. 5.351, .354 (West 2000). Collins claimed among other things that the Commissions failure to grant him a contested case hearing is not supported by substantial evidence and that he was denied due process of law. The district court affirmed the Commissions order. We find substantial evidence in the record to support the Commissions decision to deny Collinss hearing request under the applicable law and regulations and hold that Collins was afforded due process.
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