Supreme Court

Case: 11-0737    
11-0737
09/16/2011
Petition for Review under Tex. R. App. P. 53.1
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 
BOSQUE RIVER COALITION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/07/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of Coastal Conservation Association, submitted by Mr. P.M. Schenkkan, Graves, Doughtery, Hearon & Moody, P.C., 401 Congress Ave., Suite 2200, Austin, TX  78767-0098, (512) 480-5600, Fax (512) 580-5888. (HARD COPIES REC'D)
10/07/2013Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Bosque River Coalition.
03/27/2013Post submission brief filedPetitioner Post-Submission brief filed on behalf of Texas Commission on Environmental Quality.(HARD COPIES REC'D)
03/15/2013Amicus Curiae Letter ReceivedReceived (instead of filed) 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)
03/08/2013Post submission brief filedRespondent Post Submission Letter filed on behalf of The City of Waco and Bosque River Coalition. (HARD COPIES REC'D)
02/27/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Farm Bureau. (HARD COPIES REC'D)
02/01/2013Petition Reinstated 
11/02/2012Reply to Response to Motion for Rehearing filedPetitioner Petitioner TX Commission on Environmental Quality's Reply in support of Motion for Rehearing.
10/17/2012Amicus Curiae Brief receivedReceived (instead of filed) 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 (HARD COPIES REC'D)
10/15/2012Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of the Bosque River Coalition. (HARD COPIES REC'D)
08/23/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief on behalf of Texans for Lawsuit Reform in support of TCEQ's Motion for Rehearing.
08/21/2012Corrected BriefAmicus Curiae Corrected Amicus Curiae Brief filed on behalf of the Texas Association of Business.
(HARD COPIES REC'D)
08/20/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of Texas Assoc'n of Business.
08/15/2012Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of TCEQ.
06/05/2012Reply BriefPetitioner Petitioner Texas Commission on Environmental Quality's Brief on the Merits.  (HARD COPIES REC'D)
06/01/2012Amicus Curiae Brief receivedReceived (instead of filed) 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)
05/16/2012Amicus Curiae Letter ReceivedReceived (instead of filed) 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)
05/11/2012Brief on the MeritsRespondent Respondent Bosque River Coalition's Brief on the Merits.  (HARD COPIES REC'D)
03/27/2012Brief on the MeritsPetitioner E-FILED  Petitioner Texas Commission on Environmental Quality's Brief on the Merits.  HARD COPIES RECEIVED.
12/13/2011Reply to ResponsePetitioner E-FILED: Reply in support of Petition for Review filed on behalf of the Texas Commission on Environmental Quality. (HARD COPIES REC'D)
11/14/2011Response to PetitionRespondent E-FILED: Response to Petition for Review filed on behalf of Bosque River Coalition. (HARD COPIES REC'D)
09/16/2011Appendix FiledPetitioner E-FILED  appendix attached
09/16/2011Petition for ReviewPetitioner E-FILED  Petition for Review filed on behalf of Texas Commission on Environmental Quality. (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/13/2011Reply 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)
11/23/2011MET to file reply disposed ofFiling granted Reply is due December 13, 2011.
11/22/2013Mandate issued  Mandate & Cost Bill Issued
11/22/2013Motion for Rehearing - DisposedDenied
11/21/2011Motion to Extend Time to File Reply filed  E-FILED  Petitioner Texas Commission on Environmental Quality’s Unopposed Motion to Extend Time to File Reply to Response for Petition for Review
11/14/2011Response to Petition  E-FILED: Response to Petition for Review filed on behalf of Bosque River Coalition. (HARD COPIES REC'D)
11/02/2012Reply to Response to Motion for Rehearing filed  Petitioner TX Commission on Environmental Quality's Reply in support of Motion for Rehearing.
10/17/2012Amicus 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 (HARD COPIES REC'D)
10/17/2012Call received  From Mr. Tony Grigsby, atty for TCEQ, to inform the Court that they will be efiling a reply to resp's response to their mo/re.
10/15/2012Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of the Bosque River Coalition. (HARD COPIES REC'D)
10/14/2011Supreme Court of Texas Requested Response  Response due November 14, 2011.
10/10/2013Response Waiver filed  Response Waiver filed on behalf of Texas Commission on Environmental Quality.
10/10/2012Motion for Extension of Time disposed.Filing granted Respondent’s Unopposed Motion to Extend Time to File Response to Motion for Rehearing granted.  Requested response due 10/15/12.
10/08/2012Motion for Extension of Time to File Response  Respondent’s Unopposed Motion to Extend Time to File Response to Motion for Rehearing. On behalf of Bosque River Coalition.
10/07/2013Case forwarded to Court 
10/07/2013Amicus Curiae Brief received  Amicus Brief filed on behalf of Coastal Conservation Association, submitted by Mr. P.M. Schenkkan, Graves, Doughtery, Hearon & Moody, P.C., 401 Congress Ave., Suite 2200, Austin, TX  78767-0098, (512) 480-5600, Fax (512) 580-5888. (HARD COPIES REC'D)
10/07/2013Motion for Rehearing  Motion for Rehearing filed on behalf of Bosque River Coalition.
09/27/2011Case forwarded to Court 
09/21/2012Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 10/8/12.
09/21/2011Response Waiver filed  E-FILED  Response waiver filed on behalf of Bosque River Coalition.
09/20/2013Court approved judgment sent to attorneys of recordIssued
09/20/2013Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
09/16/2011Appendix Filed  E-FILED  appendix attached
09/16/2011Petition for Review  E-FILED  Petition for Review filed on behalf of Texas Commission on Environmental Quality. (HARD COPIES REC'D)
08/23/2012Amicus Curiae Letter Received  Amicus Curiae Letter Brief on behalf of Texans for Lawsuit Reform in support of TCEQ's Motion for Rehearing.
08/21/2012Corrected Brief  Corrected Amicus Curiae Brief filed on behalf of the Texas Association of Business.
(HARD COPIES REC'D)
08/21/2012Case forwarded to Court 
08/20/2012Amicus Curiae Brief received  Amicus Brief filed on behalf of Texas Assoc'n of Business.
08/15/2012Motion for Rehearing  Motion for Rehearing filed on behalf of TCEQ.
07/06/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling 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.
06/29/2012Motion 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.
06/29/2012Petition for Review disposedDenied
06/13/2012Notice from attorney regarding vacation dates  Mr. Anthony Grisby's Vacation Notice:  July 1-14.  Filed on behalf of Texas Commission for Environmental Quality.
06/05/2012Reply Brief  Petitioner Texas Commission on Environmental Quality's Brief on the Merits.  (HARD COPIES REC'D)
06/01/2012Amicus 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)
05/25/2012Motion 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.
05/21/2012Motion 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.
05/16/2012Amicus 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)
05/11/2012Brief on the Merits  Respondent Bosque River Coalition's Brief on the Merits.  (HARD COPIES REC'D)
04/16/2012Motion 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.
04/16/2012Motion 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 Bosque River Coalition.
03/27/2013Post submission brief filed  Post-Submission brief filed on behalf of Texas Commission on Environmental Quality.(HARD COPIES REC'D)
03/27/2012Brief on the Merits  E-FILED  Petitioner Texas Commission on Environmental Quality's Brief on the Merits.  HARD COPIES RECEIVED.
03/27/2012Motion to Consolidate disposedDenied Petitioner Texas Commission on Environmental Quality's Motion to Consolidate Case nos. 11-0729 & 11-0737 denied
03/20/2012Reply 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)
03/15/2013Amicus 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)
03/12/2012Response to Motion filed  E-FILED  Respondent Bosque River Coalition's Response to Motion to Consolidate.
03/08/2013Post submission brief filed  Post Submission Letter filed on behalf of The City of Waco and Bosque River Coalition. (HARD COPIES REC'D)
03/08/2012Call received  from Mr. White to advise the Court that a response to motion to consolidate will be filed next Monday, Mar 12, 2012.
03/02/2012Phone call from Clerk's Office  to Mr. White to inquire whether a response to motion to consolidate will be filed or not.
03/02/2012Motion to Consolidate filed  Motion to Consolidate filed on behalf of Texas Comm'n on Environmental Quality.
02/28/2013Oral argument   argued on behalf of petitioner by Anthony C. Grigsby; argued on behalf of respondents by Greg White
02/27/2013Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Farm Bureau. (HARD COPIES REC'D)
02/15/2013Letter 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
02/12/2013Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Bosque River Coalition.
02/12/2013Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Commission on Environmental Quality.
02/03/2012Case Record Filed   Record from the 3rd Court of Appeals received in an electronic format. Also, two boxes that contains Exhibits.
02/03/2012Motion for Extension of Time disposed.Filing granted 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.
02/03/2012Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Tex. Comm'n on Environ. Quality.
02/01/2013Case set for oral argumentCase 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.
02/01/2013Petition for Review disposedFiling granted
02/01/2013Petition for Review granted 
02/01/2013Petition Reinstated 
02/01/2013Motion for Rehearing - DisposedFiling granted
02/01/2013Previous Order of the Court withdrawn  denial of petition for review on June 29, 2012, withdrawn
01/31/2012Record Requested in Case 
01/27/2012Brief 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
01/17/2014Case Stored  G02 Exhibit Room M-3 (3 vols + 2 boxes)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/17/2014Case StoredCase stored.G02 Exhibit Room M-3 (3 vols + 2 boxes)
Parties
Party▲▼Party Type▲▼Representative▲▼
Mont Belvieu Caverns, LLCAmicus CuriaeMs. Rosemarie Kanusky
Texas Commission on Environmental QualityPetitionerMr. David Preister
Mr. Daniel T. Hodge
Ms. Nancy Elizabeth Olinger
Mr. Robert Davis Brush
Mr. David C. Mattax
Mr. William "Bill" J. Cobb III
Ms. Shannon Lynn Strong
Mr. Mark Lewis Walters
Mr. Jonathan Karl Niermann
Mr. John B. Scott
Ms. Barbara Bryant Deane
Mr. Anthony C. Grigsby
Mr. Gregory Abbott
Bosque River CoalitionRespondentMr. Kerry L. Haliburton
Mr. Wesley David Lloyd
Mr. Steven "Greg" White
Texas Farm BureauAmicus CuriaeMs. Emily Willms Rogers
Texas Association of BusinessAmicus CuriaeMr. Carlos R. Romo  
Mr. Evan A. Young
Mr. Thomas Phillips
Texans for Lawsuit ReformAmicus CuriaeMr. E. Lee Parsley
Mr. Hugh Rice Kelly
Coastal Conservation AssociationAmicus CuriaeMr. P. M. Schenkkan
Mr. Robin A. Melvin
Court of Appeals Information:
Reversed & Remanded 
347 SW3d 366, 08-02-11 
3rd Court of Appeals 
Honorable J. Woodfin 'Woodie' Jones 
Trial Court Information
345th District Court 
Travis 
Honorable Orlinda L. Naranjo 
D-I-GN-09-003219