This section contains the nature of the case and procedural background.

The Texas Department of Health granted Southwestern Waste Management (D) a permit to operate a solid waste facility. The facility was to be located in a census tract with a 60% minority population. Plaintiff (P) contested the issuance of the permit, alleging that the Department of Health's granting of D's permit was consistent with a discriminatory pattern of locating waste facilities in areas with high minority populations. P also argued that approval of the permit, in the context of the historical placement of solid waste sites and the events surrounding the application, constituted discrimination.

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