Supreme Court

Case: 16-0260    
16-0260
04/13/2016
Petition for Review/Cause under Rule 53.1
AC INTERESTS, L.P., FORMERLY AMERICAN COATINGS, L.P. 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/04/2016Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of AC Interests, L.P.
11/10/2016Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
09/28/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of AC Interests, L.P. formerly American Coatings, L.P.
07/08/2016Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of AC Interests, L.P.
07/01/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Texas Commission on Environmental Quality.
04/13/2016Petition for ReviewPetitioner Petition for Review filed on behalf of AC Interests, L.P. formerly American Coatings, L.P.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/04/2016Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of AC Interests, L.P.
11/15/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Reply brief is due December 6, 2016.
11/14/2016Motion 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 AC Interests, L.P.
11/10/2016Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
10/18/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Response Brief is due November 14, 2016. Further requests for extensions of time will be disfavored. Reply Brief is due November 29, 2016.
10/18/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
10/11/2017Submission Schedule  Submission Schedule for October 11, 2017.
10/11/2017Oral argument   Argued on behalf of petitioner by C. William Smalling, J.D.; Argued on behalf of respondent by Heather Gebelin Hacker
09/28/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of AC Interests, L.P. formerly American Coatings, L.P.
09/08/2016Case Record Filed   Electronic Appellate Record received.
09/06/2016Record Requested in Case  Record requested from the 1st COA
09/05/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Commission of Environmental Quality. Oral Argument will be presented by Heather Gebelin Hacker.
09/02/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 3, 2016; Response brief due October 24, 2016; Reply brief due November 8, 2016
07/08/2016Reply to Response  Reply to Response to Petition for Review filed on behalf of AC Interests, L.P.
07/03/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by C. William Smalling, J.D., of Houston, Texas, filed on behalf of AC Interests, L.P. formerly American Coatings, L.P.
07/01/2016Response to Petition  Response to Petition for Review filed on behalf of Texas Commission on Environmental Quality.
06/30/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 11, 2017.  Time allotted to argue:  20/20 minutes
06/17/2016Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on July 1, 2016.
06/17/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Texas Commission on Environment Quality.
06/13/2018Case Stored  e-stored
05/27/2016Supreme Court of Texas Requested Response  Requested Response to Petition for Review due on June 27, 2016.
05/04/2018Mandate issued  Mandate & Cost Bill Issued
04/26/2016Case forwarded to Court 
04/21/2017Designation of Lead Counsel   Notice of Designation of Lead Counsel of Heather Hacker filed on behalf of the Texas Commission on Environmental Quality.
04/21/2016Response Waiver filed  Response Waiver filed on behalf of Texas Commission on Environmental Quality.
04/13/2016Call received  Received call from counsel for petitioner.
04/13/2016Petition for Review  Petition for Review filed on behalf of AC Interests, L.P. formerly American Coatings, L.P.
03/31/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/31/2017Petition for Review granted 
03/23/2018Court approved judgment sent to attorneys of recordIssued
03/23/2018Dissenting opinion issued.Issued Justice Boyd delivered a dissenting opinion, in which Justice Johnson joined.
03/23/2018Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, and Justice Brown joined.  Justice Blacklock did not participate in the decision.
(3/23/2018 2:26:04 PM) 160260d.pdf, 160260.pdf, 16-0260.jmt.pdf
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/13/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Commission on Environmental QualityRespondentMs. Priscilla M. Hubenak
Mr. Anthony C. Grigsby
Atty. Gen. W. Kenneth Paxton Jr.
Mr. James Edward Davis
Ms. Heather Gebelin Hacker
Mr. Brantley David Starr
Mr. Jeffrey C. Mateer
Ms. Cynthia Woelk
AC Interests, L.P. formerly American Coatings, L.P.PetitionerMr. Claude William Smalling III
Court of Appeals Information:
Affirmed  
521 SW3d 58, 02-11-16 
1st Court of Appeals 
Honorable Laura C. Higley 
Trial Court Information
345th District Court 
Travis 
Honorable Stephen Yelenosky 
D-1-GN-14-005160