Supreme Court

Case: 17-1003    
17-1003
12/07/2017
Petition for Review/Cause under Rule 53.1
BRAZOS ELECTRIC POWER COOPERATIVE, INC. 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND RICHARD A. HYDE, EXECUTIVE DIRECTOR OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/04/2019Post submission brief filedPetitioner Post-Submission Reply filed on behalf of Brazos Electric Power Cooperative, Inc.
01/30/2019Post submission brief filedRespondent Response to Post Submission Brief filed on behalf of Texas Commission on Environmental Quality and its Executive Directer.
01/28/2019Post submission brief filedPetitioner Post-Submission Brief filed on behalf of Brazos Electric Power Cooperative, Inc.
01/23/2019Exhibits in case/cause filedPetitioner Oral Argument Bench Book filed on behalf of Brazos Electric Power Cooperative, Inc.
09/21/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Brazos Electric Power Cooperative, Inc.
09/05/2018Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Texas Commission on Environmental Quality and its Executive Director.
07/16/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Brazos Electric Power Cooperative, Inc.
04/13/2018Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Brazos Electric Power Cooperative, Inc.
03/29/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of Texas Commission on Environmental Quality, et al.
12/07/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Brazos Electric Power Cooperative, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/14/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of respondents, the Texas Commission on Environmental Quality, et al. Oral Argument will be presented by Daniel C. Wiseman of the Office of the Attorney General of Texas.
12/07/2017Petition for Review  Petition for Review filed on behalf of Brazos Electric Power Cooperative, Inc.
11/19/2018Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Melissa M. Davis with Thompson & Knight LLP of Austin, Texas, filed on behalf of Brazos Electric Power Cooperative, Inc.
11/16/2018Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 24, 2019. Time allotted to argue:  20/20 minutes
11/16/2018Petition for Review disposedFiling granted
11/16/2018Petition for Review granted 
09/21/2018Reply Brief  Reply Brief on the Merits filed on behalf of Brazos Electric Power Cooperative, Inc.
09/20/2018Motion for Extension of Time disposed.Filing granted Motion for a 1-Day Extension of Time to file Reply Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due September 21, 2018.
09/20/2018Motion for Extension of Time to File Brief filed  Unopposed Motion for a 1-Day Extension of Time to file Reply Brief on the Merits filed on behalf of Brazos Electric Power Cooperative, Inc.
09/05/2018Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Texas Commission on Environmental Quality and its Executive Director.
08/01/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due on September 5, 2018. Reply Brief is due on September 20, 2018.
08/01/2018Motion 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 CFommission on Environmental Quality.
07/16/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Brazos Electric Power Cooperative, Inc.
07/10/2019Mandate issued  Mandate & Cost Bill Issued
06/27/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due no later than July 16, 2018; Respondent's brief is due August 6, 2018; and Reply brief is due August 21, 2018.
06/27/2018Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Brazos Electric Power Cooperative, Inc.
06/04/2018Case Record Filed   Electronic Appellate Record received.
06/01/2018Record Requested in Case  Record requested from the 8th COA
06/01/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 2, 2018; Response due July 23, 2018; Reply brief due August 7, 2018.
05/16/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due on June 10, 2019.
05/16/2019Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Texas Commission on Environmental Quality, et al.
05/03/2019Court approved judgment sent to attorneys of recordIssued
05/03/2019Opinion issuedCourt of Appeals' judgment reversed and remanded to Commission The Court reverses the court of appeals' judgment and remands the case to the Texas Commission on Environmental Quality.  Justice Lehrmann delivered the opinion of the Court.
(5/3/2019 2:14:13 PM) 171003.pdf, 17-1003.jmt.pdf
04/13/2018Reply to Response  Reply in Support of Petition for Review filed on behalf of Brazos Electric Power Cooperative, Inc.
03/29/2018Response to Petition  Response to Petition for Review filed on behalf of Texas Commission on Environmental Quality, et al.
03/02/2018Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due March 30, 2018.
03/02/2018Motion 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 Environmental Quality, et al.
02/09/2018Supreme Court of Texas Requested Response  Requested response to petition for review due no later than March 12, 2018.
02/06/2019Case Record Filed   Administrative Record received.
02/04/2019Post submission brief filed  Post-Submission Reply filed on behalf of Brazos Electric Power Cooperative, Inc.
01/30/2019Post submission brief filed  Response to Post Submission Brief filed on behalf of Texas Commission on Environmental Quality and its Executive Directer.
01/28/2019Post submission brief filed  Post-Submission Brief filed on behalf of Brazos Electric Power Cooperative, Inc.
01/24/2019Oral argument   Argued on behalf of petitioner by Melissa M. Davis; Argued on behalf of respondents by Daniel C. Wiseman
01/23/2019Exhibits in case/cause filed  Oral Argument Bench Book filed on behalf of Brazos Electric Power Cooperative, Inc.
01/19/2018Letter Filed  Letter filed on behalf of Brazos Electic Power Cooperative, Inc.
01/09/2018Case forwarded to Court 
01/08/2018Response Waiver filed  Response Waiver filed on behalf of Texas Commission on Environmental Quality and Richard A. Hyde.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/10/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Brazos Electric Power Cooperative, Inc.PetitionerMs. Emily Fitzgerald
Mr. Christopher Smith
Ms. Melissa Davis Andrews
Mr. Nathan K. Palmer
Texas Commission on Environmental QualityRespondentMr. Daniel C. Wiseman
Mr. Charles E. Roy
Mr. Jeffrey C. Mateer
Ms. Priscilla M. Hubenak
Ms. Amy E. Davis
Atty. Gen. W. Kenneth Paxton Jr.
Mr. James Edward Davis
Mr. Brantley David Starr
Richard A. Hyde, Executive Director of the Texas Commission on Environmental QualityRespondentMr. Brantley David Starr
Ms. Priscilla M. Hubenak
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Charles E. Roy
Mr. Jeffrey C. Mateer
Mr. Daniel C. Wiseman
Mr. James Edward Davis
Ms. Amy E. Davis
Court of Appeals Information:
Affirmed  
538 SW3d 666, 09-15-17 
8th Court of Appeals 
Honorable Yvonne Rodriguez 
Trial Court Information
98th District Court 
Travis 
Honorable Karin R. Crump 
D-1-GN-14-004531