Heat Energy Advanced Technology, Inc. v. West Dallas Coalition for Environmental Justice

In Heat Energy Advanced Technology, Inc. v. West Dallas Coalition for Environmental Justice, 962 S.W.2d 288 (Tex. App.--Austin 1998, pet. denied), an application for a renewal permit for a hazardous and industrial waste storage and processing facility was challenged by a coalition of nearby residents, but the administrative agency determined the coalition did not have standing to participate in the hearing. The Court held that the agency erred in its determination, concluding that the proximity of a member's home to the facility, combined with that member's allegation of odors affecting his breathing, was sufficient to confer standing. See id. at 295.