The Court Fight

The Court Fight Over the Dangerous Dump

Caldwell County residents took their battle against the Green Group dump to the courthouse in Austin… their elected politicians didn’t care enough to show up.

Court of Appeals

After State District Judge Dustin Howell sided with the TCEQ, residents took their fight to the Court of Appeals. Caldwell County residents will keep fighting against the proposed dump on State Highway 130.

9. Neighbor's Brief

The neighbors of the dump submit issues and arguments to the Court of Appeals against the TCEQ issuing a permit for 130 Environmental Park.

10. TCEQ Brief

TCEQ states substantial evidence supports their decision to grant the permit, and the Court should not now re-weigh the evidence.

11. 130 Brief

130 Environmental Park submits their arguments that the issuance of 130’s permit by the TCEQ was proper.

12. TJFA Reply Brief

The neighbors of the dump respond to arguments presented by 130 Environmental Park and TCEQ in the Court of Appeals.

13. Amicus Brief

The Texas Lone Star Chapter, Solid Waste Association of North America, Inc., and the City of Waco, TX (collectively “Amici”) submit a brief to the court arguing that the  siting ordinance should not stop the processing of landfill applications which have already been submitted to the TCEQ.

District Court

After the State Office of Administrative Hearings issued the permit for 130 Environmental Park, the dump’s neighbors filed a motion for a re-hearing and the case moved into the District Courts. Caldwell County citizens won’t give up the fight that easily. 

3. The Neighbor's Plaintiff's Brief

After the permit was issued, the neighbors of the proposed dump filed a motion for a re-hearing, which was overruled by operation of law. Residents filed their Plaintiff’s Brief in the 200th District Court of Travis County, Texas, seeking to reverse and remand the TCEQ’s decision on the permit for 130. 

4. 130's Response Brief

130 Environmental Park states the challenges raised by the dump’s neighbors in the Plaintiff Brief should be rejected, and the TCEQ’s decision on the permit approval should be affirmed. 

5. Neighbor's Reply to Response Brief

Residents raise additional reasons why the TCEQ’s decision on the permit for 130 Environmental Park should be reversed and remanded.

6. District Court Hearing Transcript

The 200th District Court in Travis County heard arguments regarding the case on August 28, 2019. The judge took the case under advisement, meaning there was no final ruling at that time. 

7. District Court's Final Order

The District Court rules to affirm the final order from SOAH and their issuance of the landfill permit. 

8. Residents File Notice of Appeal

The neighbors of the proposed dump file a notice of appeal, giving notice to the District Court that they are submitting the case to the Court of Appeals, challenging the District Court’s judgement. 

State Office of Administrative Hearings

The battle against 130 Environmental Park began in Austin at the State Office of Administrative Hearings (SOAH) after the TCEQ issued a permit for the landfill that individuals and opposition groups argue should have never been granted. 

1. 130 Environmental Park Requests a Hearing

130 Environmental Park sent a permit application to the State Office of Administrative Hearings requesting a hearing and approval of the permit.

2. Final Order from SOAH

The TCEQ considered the permit application from 130 Environmental Park, and SOAH issued the permit. The hearing was conducted in August of 2016, and the permit was issued September 18, 2017.