Rushing Paving lawsuit

By  | 

POTTSBORO, Tex. -- The debate over an asphalt plant outside Pottsboro continues. This time, it’s in the courts. In March, Rushing Paving was awarded a standard permit from the TCEQ to operate a hot-mix asphalt plant.

Now, concerned residents are hoping to keep the plant from operating.

Last month two groups, Concerned Citizens of Grayson County and the City of Pottsboro, filed a lawsuit in a state district court to challenge the issuance of the standard permit to rushing paving by the t-c-e-q.

In accordance with state law, TCEQ has responded to the groups' claims and has denied each of them.

Austin attorney Renae Hicks represents the opposition. She says they have two claims.

The first is that the TCEQ failed to follow the guidelines set out by the Legislature back in 2003 with regards to standard permits, meaning TCEQ did not release detailed reasons why the permit was issued.

The opposition also claims the legislature did not clearly explain the requirements for issuing a standard permit. Hicks says the case is moving forward as scheduled, but they might have to seek emergency relief from the courts to prevent the plant from operating before it is settled in court.

"Rushing Paving is moving forward at their own risk, moving forward with a facility that might be illegal and might have to stop operations by the time we get our case decided by the court."

Hicks says next week she will meet with council representing the TCEQ to see if they can come to agreement on procedural issues in the case.

No timetable has been set on when the case will actually begin.