Home

About
- About Us
- Community Guidelines

Advertising on BOR
- Advertise on BOR

Advertisements


We're Counting On You.

Burnt Orange Report is redeveloping our website for the first time in almost a decade.

We're counting on your support to continue providing you free and frequent coverage of progressive issues that matter to Texans.

Help us build a website that is as great as the content we publish on it.



Gun Regulation Dealt Setback in Houston Environmental Case


by: Edward Garris

Fri Feb 22, 2013 at 01:54 PM CST


More guns for you.  Prospective rules aside (see this morning's Steve Toth blurb), advocates for local regulation of guns were dealt a setback last week when the Texas Supreme Court released its decision in Southern Crushed Concrete, LLC v. City of Houston, a case concerning local environmental regulation.  

In last week's decision, the Texas Supreme Court held that, although Houston is a home-rule city under Article XI, Section 5 of the Texas Constitution, a Houston ordinance that conflicted with the Texas Clean Air Act (TCAA) was preempted by the TCAA and rules and orders of the Texas Commission on Environmental Quality (TCEQ).  Houston argued that its ordinance did not seek to regulate air quality, but merely land use.  The Supreme Court rejected that interpretation, effectively nullifying any attempts by cities to pass rules of general applicability that may incidentally affect areas on which the state has already legislated (e.g: guns, environment).  

The ability of Texas cities- even those with vastly different needs and constituencies  than their rural counterparts - to protect their citizens, even with incidental effects on firearms laws, just got a lot harder.

ADVERTISEMENT


Copyright Burnt Orange Report, all rights reserved.
Do not republish without express written permission.


Tags: (All Tags)
Print Friendly View Send As Email

Amazon Referrals
Buying Back-to-School Books?

Use BOR's Amazon Referral and we'll receive a share of your purchase, at no cost to you!




Click here to shop.



Connect With BOR
    

2014 Texas Elections
Follow BOR for who's in, who's out, and who's up.

Candidate Tracker:
-- Statewide Races
-- Congressional Races
-- State Senate Races
-- State Rep. Races
-- SBOE Races
-- Austin City Council

Click here for all 2014 Elections coverage

Menu

Make a New Account

Username:

Password:



Forget your username or password?


Texas Blue Pages

Texas Blue Pages
A career network for progressives.

Advertisement

Shared On Facebook

Burnt Orange Reporters
Editor and Publisher:
Katherine Haenschen

Senior Staff Writers:
Genevieve Cato
Joe Deshotel
Ben Sherman

Staff Writers:
Omar Araiza
Emily Cadik
Phillip Martin
Natalie San Luis
Katie Singh
Joseph Vogas

Founder:
Byron LaMasters

Blogger Emeritus:
Karl-Thomas Musselman

Read staff bios here.

Traffic Ratings
- Alexa Rating
- Quantcast Ratings
-
Syndication

Powered by: SoapBlox