| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/13/2011 | Reply to Response | |
E-FILED: Reply in support of Petition for Review filed on behalf of the Texas Commission on Environmental Quality. (HARD COPIES REC'D)
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| 11/23/2011 | MET to file reply disposed of | Filing granted |
Reply is due December 13, 2011.
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| 11/22/2013 | Letter sent to parties from Supreme Court - See Remarks | |
Letter sent to parties regarding a correction to the opinion. The Court corrected the third paragraph on page 24 of its August 23, 2013 opinion to read:
Although the APA defines “contested case” and sets the procedural framework, the agency’s enabling act here sets out whether rights are to be determined after an opportunity for adjudicative hearing, and agency rules may decide whether that opportunity may include a contested case hearing. For example, this court of appeals has previously affirmed the TCEQ’s rule that a request for a contested case hearing is not itself a contested case hearing, concluding that a hearing request may be decided through a less formal proceeding before the Commission. Collins v. Tex. Natural Res. Conservation Comm’n, 94 S.W.3d 876, 884-85 (Tex. App.–Austin 2002, no pet.).
(11/22/2013 3:58:35 PM) 110729cx.pdf
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| 11/22/2013 | Mandate issued | |
Mandate & Cost Bill Issued
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| 11/22/2013 | Motion for Rehearing - Disposed | Denied |
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| 11/21/2011 | Motion to Extend Time to File Reply filed | |
E-FILED Petitioner, the Texas Commission on Environmental Quality's unopposed motion to extend time to file Reply
to Response for Petition of Review.
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| 11/14/2011 | Response to Petition | |
E-FILED: Response to Petition for Review filed on behalf of City of Waco. (HARD COPIES REC'D)
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| 11/02/2012 | Reply to Response to Motion for Rehearing filed | |
Petitioner TX Commission on Environmental Quality's Reply in support of Motion for Rehearing.
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| 10/17/2012 | Amicus Curiae Brief received | |
Response to Motion for Rehearing and Amicus Brief of Coastal Conservation Assoc'n. Submitted by P.M. Schenkkan, Graves Dougherty Hearon & Moody, 401 Congress Avenue, Suite 2200, Austin, TX 78767-0098, (512) 480-5600 Telephone.
(HARD COPIES REC'D)
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| 10/17/2012 | Call received | |
From Mr. Tony Grigsby - atty for the TCEQ, to inform the Court that they will be efiling a reply to resp's response to their mo/re.
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| 10/15/2012 | Response to Motion for Rehearing | |
Response to Motion for Rehearing filed on behalf of City of Waco. (HARD COPIES REC'D)
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| 10/14/2011 | Supreme Court of Texas Requested Response | |
Response due November 14, 2011.
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| 10/10/2013 | Response Waiver filed | |
Response Waiver filed on behalf of Texas Commission on Environmental Quality.
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| 10/09/2012 | Motion for Extension of Time disposed. | Filing granted |
Response due 10/15/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 10/08/2012 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Texas Commission on Environmental Quality.
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| 10/07/2013 | Case forwarded to Court | |
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| 10/07/2013 | Amicus Curiae Brief received | |
Amicus Brief filed on behalf of Coastal Conservation Association, submitted by Mr. P.M. Schenkkan, Graves, Dougherty, Hearon & Moody, P.C., 401 Congress Avenue, Suite 2200, Austin, TX 78767-0098, (512) 480-5600, Fax (512) 580-5888 (HARD COPIES REC'D)
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| 10/07/2013 | Motion for Rehearing | |
Motion for Rehearin filed on behalf of City of Waco.
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| 09/27/2011 | Case forwarded to Court | |
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| 09/22/2011 | Response Waiver filed | |
E-FILED: Response Waiver filed on behalf of City of Waco.
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| 09/21/2012 | Supreme Court of Texas Requested Response | |
Requested response to motion for rehearing due no later than 10/8/12.
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| 09/16/2011 | Appendix Filed | |
E-FILED appendix attached
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| 09/16/2011 | Petition for Review | |
E-FILED Petition for Review filed on behalf of Texas Commission on Environmental Quality. (HARD COPIES REC'D)
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| 09/05/2013 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of the City of Waco has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing due October 9, 2013.
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| 09/05/2013 | Motion for Extension of Time to File Motion for Rehearing | |
Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of the City of Waco.
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| 08/23/2013 | Court approved judgment sent to attorneys of record | Issued |
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| 08/23/2013 | Opinion issued | Court of Appeals' judgment reversed & judgment rendered |
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| 08/23/2012 | Amicus Curiae Letter Received | |
Amicus Curiae Letter Brief on behalf of Texans for Lawsuit Reform in support of TCEQ's Motion for Rehearing.
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| 08/21/2012 | Corrected Brief | |
Corrected Amicus Curiae Brief filed on behalf of the Texas Association of Business.
(HARD COPIES REC'D)
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| 08/21/2012 | Case forwarded to Court | |
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| 08/20/2012 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of Texas Association of Business. (HARD COPIES REC'D)
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| 08/15/2012 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of TCEQ.
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| 07/06/2012 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time is granted. Motion for Rehearing is due August 15, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 06/29/2012 | Motion for Extension of Time to File Motion for Rehearing | |
Unopposed Motion for Extension of time to file Motion for Rehearing filed on behalf of the Tex. Comm'n on Environmental Quality.
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| 06/29/2012 | Petition for Review disposed | Denied |
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| 06/13/2012 | Notice from attorney regarding vacation dates | |
Mr. Anthony Grisby's Vacation Notice: July 1-14, 2012. Filed on behalf of the Texas Comm'n on Environmental Quality.
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| 06/05/2012 | Reply Brief | |
Petitioner Texas Commission on Environmental Quality's Brief on the Merits. (HARD COPIES REC'D)
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| 06/01/2012 | Amicus Curiae Brief received | |
Amicus Texas Chapter of the Coastal Conservation Association's Brief. Submitted by P. M. Schenkkan of Graves Dougherty Hearon & Moody PC; 401 Congress Avenue Suite 2200 Austin Texas 78767-0098, (512) 480-5600. (HARD COPIES REC'D)
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| 05/25/2012 | Motion for Extension of Time disposed. | Filing granted |
Reply brief due 06/05/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 05/21/2012 | Motion for Extension of Time to File Brief filed | |
Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of TCEQ.
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| 05/16/2012 | Amicus Curiae Letter Received | |
Amicus Curiae Letter Brief of Mont Belvieu Caverns, LLC. Submitted by Rosemarie Kanusky of Fulbright & Jaworski LLP, 300 Convent Street Suite 2100, San Antonio Texas 78205-3792, 210.224.5575. (HARD COPIES REC'D)
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| 05/11/2012 | Brief on the Merits | |
Response Brief on the Merits filed on behalf of The City of Waco. (HARD COPIES REC'D along w/appendices)
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| 04/16/2012 | Motion for Extension of Time disposed. | Filing granted |
Response brief due 05/11/12; Reply brief due 05/29/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 04/16/2012 | Motion for Extension of Time to File Brief filed | |
Unopposed Motion for Extension of Time to File Response Brief on the Merits filed on behalf of the City of Waco.
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| 03/27/2013 | Post submission brief filed | |
Post-Submission brief filed on behalf of Texas Commission on Environmental Quality.
(HARD COPIES REC'D)
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| 03/27/2012 | Brief on the Merits | |
E-FILED Petitioner Texas Commission on Environmental Quality's Brief on the Merits. HARD COPIES RECEIVED.
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| 03/27/2012 | Motion to Consolidate disposed | Denied |
Petitioner Texas Commission on Environmental Quality's Motion to Consolidate Case nos. 11-0729 & 11-0737 denied
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| 03/20/2012 | Reply to Response to Motion | |
E-FILED Petitioner Texas Commission on Environmental Quality's Reply in support of its Motion to Consolidate. (HARD COPIES REC"D)
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| 03/15/2013 | Amicus Curiae Letter Received | |
Amicus Letter Brief of Coastal Conservation Association (CCA). Submitted by P M. Schenkkan of Graves Dougherty Hearon & Moody, P.C. of Austin, Texas. (HARD COPIES REC'D)
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| 03/14/2013 | Amicus Curiae Letter Received | |
Amicus Letter Brief of Greater Waco Chamber. Submitted by Julia B. Jurgensen of Beard Kultgen Brophy Bostwick Dickson & Squires LLP of Waco Texas.
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| 03/12/2013 | Call received | |
From April with the Waco Greater Chamber of Commerce in re: efiling an amicus letter brief.
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| 03/12/2012 | Response to Motion filed | |
E-FILED Respondent City of Waco's Response to Motion to Consolidate.
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| 03/09/2012 | Call received | |
from Mr. Lloyd to inform the Court that he will be the lead counsel for City of Waco and Mr. White will be the lead counsel for Bosque River Coalition (case related 11-0737); advised him to e-file a notice of counsel designation.
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| 03/09/2012 | Designation of Lead Counsel | |
Lead Counsel Designation of Wesley Lloyd filed on behalf of the City of Waco.
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| 03/08/2013 | Post submission brief filed | |
Post Submission Letter filed on behalf of the City of Waco and Bosque River Coalition. (HARD COPIES REC'D)
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| 03/08/2012 | Call received | |
from Mr. White to advise the Court that a response to motion to consolidate will be filed next Monday, Mar 12, 2012.
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| 03/02/2012 | Phone call from Clerk's Office | |
to Mr. White to inquire whether a response to motion to consolidate will be filed or not.
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| 03/02/2012 | Motion to Consolidate filed | |
E-FILED Petitioner Texas Commission on Environmental Quality's Motion to Consolidate Case nos. 11-0729 & 11-0737.
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| 02/28/2013 | Oral argument | |
argued on behalf of petitioner by Anthony C. Grigsby; argued on behalf of respondents by Greg White
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| 02/27/2013 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of Texas Farm Bureau. (HARD COPIES REC'D)
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| 02/15/2013 | Letter sent to parties from Supreme Court - See Remarks | |
Causes 11-0729 and 11-0737 are consolidated for oral argument only. Set for submission on 2/28/13; time allotted to argue: 20/20 minutes
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| 02/12/2013 | Oral Argument Submission Form from Attorney received | |
City of Waco Oral Argument Submission Form.
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| 02/12/2013 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form filed on behalf of Texas Commission on Environmental Quality.
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| 02/03/2012 | Case Record Filed | |
CLKS REC (4) VOLS, REPS REC (1) VOL, (2) BOXES EXHIBITS, ANTS BR, ANTS APP, APES BR, APES APP, ANTS REPLY BR, JUDGMENT BY JUS. PEMBERTON, ANTS MO/RE EN BANC-DISM, AM CUR BR, APES RESP, AM CUR BR, MISC FOLDER, JUDGEMENT, OPINION (RV/RM) APES MO/RE-OVRULED
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| 02/03/2012 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time is granted. Petitioner's Brief is due March 27, 2012; Respondent's Brief is due April 16, 2012; Reply Brief is due May 1, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 02/03/2012 | Motion for Extension of Time to File Brief filed | |
Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Tex. Comm'n on Environ. Quality.
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| 02/03/2012 | Amicus Curiae Letter Received | |
E-FILED Amicus Letter on behalf of/submitted by Professor & Attorney at Law Ron Beal. (HARD COPIES REC'D)
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| 02/01/2013 | Petition for Review granted | |
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| 02/01/2013 | Case set for oral argument | Case set for oral argument |
This case has been set for oral argument at 9:00 a.m., February 28, 2013. Time allotted to argue: 20/20 minutes.
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| 02/01/2013 | Petition for Review disposed | Filing granted |
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| 02/01/2013 | Petition Reinstated | |
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| 02/01/2013 | Motion for Rehearing - Disposed | Filing granted |
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| 02/01/2013 | Previous Order of the Court withdrawn | |
denial of petition for review on June 29, 2012, withdrawn
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| 01/31/2012 | Record Requested in Case | |
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| 01/27/2012 | Brief on the Merits Ordered | |
Brief on the merits requested: Petitioner's brief due 2/27/12; Response brief due 3/19/12; Reply brief due 4/3/12
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| 01/17/2014 | Case Stored | |
G02 Exhibit Room M-2 (3 vols + 2 boxes)
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