| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/14/2018 | Oral Argument Submission Form from Attorney received | |
Oral Argument will be presented by Daniel C. Wiseman with Office of Attorney General of Texas, filed on behalf of Texas Commission on Environmental Quality, et al.
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| 11/29/2018 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form filed on behalf of respondents, Freestone Power Generation, LLC, et al. Oral Argument will be presented by Susan A. Kidwell of Locke Lord LLP of Austin, Texas.
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| 11/16/2018 | Case set for oral argument | Case 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 (Justice Guzman not sitting)
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| 11/16/2018 | Petition for Review disposed | Filing granted |
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| 11/16/2018 | Petition for Review granted | |
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| 11/09/2018 | Substitution of Counsel | |
Notice of Substitution of Counsel filed on behalf of Tenaska Gateway Partners, LTD.
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| 10/16/2018 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Texas Commission on Environmental Quality and its Executive Director.
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| 10/01/2018 | Brief on the Merits | |
Respondent's Brief on the Merits filed on behalf of Brazos Valley Energy, LLC, et al.
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| 09/10/2019 | Case Stored | |
e-stored
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| 09/05/2018 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due October 1, 2018; Reply brief is due October 16, 2018.
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| 09/05/2018 | 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 Brazos Valley Energy, LLC, et al.
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| 08/20/2018 | Brief on the Merits | |
Petitioners' Brief on the Merits filed on behalf of Texas Commission on Environmental Quality, et al.
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| 07/22/2019 | Mandate issued | |
Mandate & Cost Bill Issued
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| 07/20/2018 | Brief on the Merits Ordered | |
Brief on the merits requested: Petitioner's brief due no later than August 20, 2018; Response brief due September 10, 2018; Reply brief due September 25, 2018.
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| 07/19/2018 | Response to Petition | |
Response to Petition for Review filed on behalf of Brazos Valley Energy, LLC, et al.
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| 06/18/2018 | Motion for Extension of Time to File Response disposed | Filing granted |
Unopposed Motion for Extension of Time to file Response to Petition for Review granted in part. Further requests for extensions of time will be disfavored. Response is due no later than July 25, 2018.
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| 06/18/2018 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Brazos Valley Energy, LLC, et al.
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| 06/12/2018 | Case Record Filed | |
Electronic Appellate Record received.
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| 06/01/2018 | Record Requested in Case | |
Record requested from the 3rd COA
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| 05/25/2018 | Supreme Court of Texas Requested Response | |
Requested response to petition for review due no later than June 25, 2018.
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| 05/16/2019 | Correction to Motion | |
Corrected Motion for Extension of Time to file Motion for Rehearing filed on behalf of TCEQ.
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| 05/16/2019 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due June 10, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 05/16/2019 | 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 TCEQ, et al.
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| 05/03/2019 | Court approved judgment sent to attorneys of record | Issued |
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| 05/03/2019 | Opinion issued | Court of appeals' judgment affirmed |
The Court affirms the court of appeals' judgment. Justice Lehrmann delivered the opinion of the Court. (Justice Guzman not sitting)
(5/3/2019 2:17:28 PM) 180128.pdf, 18-0128.jmt.pdf
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| 04/25/2018 | Amicus Curiae Brief received | |
Amicus Curiae Brief of Texas Association of School Boards Legal Assistance Fund and Texas Association of School Administrators. Submitted by David B. Hodgins of Thompson & Horton LLP of Houston, Texas.
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| 04/24/2018 | Case forwarded to Court | |
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| 04/20/2018 | Response Waiver filed | |
Response Waiver filed on behalf of Freestone Power Generation, LLC, Tenaska Gateway Partners, Ltd., and Ennis Power Co., LLC, et al.
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| 04/19/2018 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of Harris County Appraisal District in support of Petition for Review submitted by Robert Preisler, Jr. of HCAD, of Houston, TX.
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| 03/26/2018 | Petition for Review | |
Petition for Review filed on behalf of Texas Commission on Environmental Quality, et al.
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| 03/07/2018 | Cases consolidated by Supreme Court | |
Consolidated with cases 18-0129, 18-0130, 18-0131, 18-0132, 18-0133, 18-0134 and 18-0135. Petitions, Responses, Replies & Briefs, etc. are consolidated into the lowest case number, 18-0128.
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| 03/07/2018 | Motion to Consolidate disposed | Filing granted |
Unopposed Motion to Consolidate Cases 18-0128, 18-0129, 18-0130, 18-0131, 18-0132, 18-0133, 18-0134 and 18-0135 granted.
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| 03/05/2018 | Motion to Consolidate filed | |
Unopposed Motion to Consolidate Cases 18-0128, 18-0129, 18-0130, 18-0131, 18-0132, 18-0133, 18-0134 and 18-0135 filed on behalf of Texas Commission on Environmental Quality.
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| 02/15/2018 | Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Motion for Extension of Time to file Petition for Review has been granted. Petition for Review is due on March 26, 2018.
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| 02/15/2018 | Motion for Extension of Time to File Petition for Review filed | |
Unopposed Motion for Extension of Time to file Petition for Review filed on behalf Texas Commission on Environmental Quality, et al.
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| 02/04/2019 | Post submission brief filed | |
Post-Submission Response Letter filed on behalf of TCEQ.
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| 02/04/2019 | Post submission brief filed | |
Post-Submission Letter Brief filed on behalf of Brazos Valley Energy, LLC, et al.
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| 01/24/2019 | Oral argument | |
Argued on behalf of petitioners by Daniel C. Wiseman; Argued on behalf of respondents by Susan A. Kidwell
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| 01/22/2019 | Exhibits in case/cause filed | |
Oral Argument Exhibits filed on behalf of Brazos Valley Energy, LLC, et al.
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