Bean v. Southwestern Waste Management Corp.

In 1979 the Texas Department of Health (TDH) granted a permit to Southwestern Waste Management Corporation for the construction and operation of a new solid waste facility in East Houston. In reaction, Margaret Bean and several other local residents filed a complaint in October of 1979, challenging the decision. Bean and the other plaintiffs contended the decision was at least partly motivated by racial discrimination in violation of federal law and requested a court order to revoke the permit.

Southwestern denied the allegations and moved to dismiss the case asserting that the state of Texas was the more responsible party for issuing the permit. Southwestern also argued that the district court should not hear the case since Bean had failed to previously request that the TDH conduct a rehearing on the permit.