Supreme Court

Case: 19-1104    
19-1104
12/18/2019
Petition for Review/Cause under Rule 53.1
NICKY E. DYER, FLORA HARRELL, EDGAR HOAGLAND, SHIRLEY HOAGLAND, JAMES LANGSTON, JAMES A. LANGSTON, III, LOIS NELSON, BRIAN RODEL, RICHARD WARD, EDWARD A. (ART) WILSON, MONTGOMERY COUNTY, AND CITY OF CONROE 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND TEXCOM GULF DISPOSAL, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/13/2022Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Mr. Ron Beal.
02/09/2022Supplemental Letter BriefRespondent Supplemental Letter Brief filed on behalf of TexCom Gulf Disposal, LLC.
02/09/2022Supplemental Letter BriefRespondent Supplemental Letter Brief filed on behalf of Texas Commission on Environmental Quality.
02/09/2022Supplemental Letter BriefPetitioner Petitioner's Supplemental Letter Brief filed on behalf of Montgomery County and the City of Conroe.
01/12/2022Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Mr. Ron Beal.
01/11/2022Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Nicky E. Dyer, et al.
10/04/2021Reply BriefPetitioner Reply Brief on the Merit to TexCom Gulf Disposal, LLC filed on behalf of Nicky E. Dyer, et al.
10/04/2021Reply BriefPetitioner Reply Brief on the Merits to Texas Commission on Environmental Quality filed on behalf of Nicky E. Dyer, et al.
07/22/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from Ron Beal.
07/19/2021Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
07/19/2021Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of TexCom Gulf Disposal, LLC.
04/19/2021Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Montgomery County, et al.
04/19/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Nicky E. Dyer.
01/15/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from Ron Beal.
12/07/2020Reply to ResponsePetitioner Reply to TCEQ's Response to Petition for Reviw filed on behalf of Montgomery County and City of Conroe.
10/22/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal.
10/21/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Texas Commission on Environmental Quality, et al.
05/08/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in Support of Petitioners' Petition for Review submitted by J.Bruce Bennett of Cardwell, Hart & Bennett, LLP of Austin, Texas.
05/06/2020Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Montgomery County and City of Conroe.
03/30/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received on behalf of Mr. Ron Beal.
03/25/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of TexCom Gulf Disposal, LLC.
03/09/2020Corrected PetitionPetitioner Corrected Petition for Review filed on behalf of Montgomery County and the City of Conroe.
03/05/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Montgomery County and the City of Conroe.
12/26/2019Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter brief received on behalf of Mr. Ron Beal.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2021Oral Argument Submission Form from Attorney received  Respondent's Oral Argument Submission Form filed on behalf of TexCom Gulf Disposal, LLC. Oral Argument will be presented by John A. Riley of Holland & Knight, LLP, of Austin, Texas.
12/28/2021Oral Argument Submission Form from Attorney received  Respondent's Oral Argument Submission Form filed on behalf of Texas Commission on Environmental Quality.  Bill Davis will be presenting oral argument.
12/28/2021Oral Argument Submission Form from Attorney received  Petitioners' Oral Argument Submission Form filed on behalf of Montgomery County and City of Conroe.  Andrew S. "Drew" Miller will be presenting oral argument.
12/26/2019Amicus Curiae Letter Received  Amicus Letter brief received on behalf of Mr. Ron Beal.
12/18/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due February 5, 2020.
12/18/2019Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Nicky E. Dyer, et al.
12/18/2019Court reporter/recorder's record 
12/18/2019Supplement to Clerk's/Reporter's Record 
12/18/2019Court reporter/recorder's record 
12/18/2019Clerk's Record 
12/18/2019Court reporter/recorder's record 
12/18/2019Court reporter/recorder's record 
12/11/2020Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than January 11, 2021; Response brief due February 1, 2021; Reply brief due February 16, 2021.
12/07/2020Reply to Response  Reply to TCEQ's Response to Petition for Reviw filed on behalf of Montgomery County and City of Conroe.
12/06/2021Notice of Appearance  Notice of Appearance of Bill Davis filed on behalf of Texas Commission on Environmental Quality.
11/19/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 12, 2022. Time allotted to argue: 20/20 minutes
11/19/2021Petition for Review disposedFiling granted
11/19/2021Petition for Review granted 
11/09/2020Letter Filed  Letter regarding updated firm address filed on behalf of TexCom Gulf Disposal, LLC.
11/02/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply due December 7, 2020. Further requests for extensions of time for this filing will be disfavored.
11/02/2020Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Nicky E. Dyer, et al.
10/22/2020Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal.
10/21/2020Response to Petition  Response to Petition for Review filed on behalf of Texas Commission on Environmental Quality, et al.
10/04/2021Reply Brief  Reply Brief on the Merits to Texas Commission on Environmental Quality filed on behalf of Nicky E. Dyer, et al.
10/04/2021Reply Brief  Reply Brief on the Merit to TexCom Gulf Disposal, LLC filed on behalf of Nicky E. Dyer, et al.
10/04/2021Notice from Counsel of a change in address  Notice of Change of Address for Mr. Andrew S. "Drew" Miller filed on behalf of Montgomery County and City of Conroe.
09/16/2020Motion for Extension of Time to File Response disposedFiling granted 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 no later than October 21, 2020.
09/15/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Texas Commission on Environmental Quality, et al.
08/30/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due October 4, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
08/27/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Montgomery County, et al.
08/21/2020Supreme Court of Texas Requested Response  Requested response to petition for review by Texas Commission on Environmental Quality due no later than September 21, 2020.
07/28/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due September 2, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/28/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Montgomery County, et al.
07/28/2020Letter Filed  Notice of Change of Address filed on behalf of Andrew Miller.
07/22/2021Amicus Curiae Letter Received  Amicus Curiae Letter received from Ron Beal.
07/19/2021Brief on the Merits  Respondent's Brief on the Merits filed on behalf of TexCom Gulf Disposal, LLC.
07/19/2021Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
07/15/2022Mandate issued  Mandate & Cost Bill Issued
07/13/2021Notice of Appearance  Notice of Appearance filed on behalf of TexCom Gulf Disposal, LLC.
07/07/2021Motion for Extension of Time disposed.Filing granted Third Unopposed Motion for Extension of Time to file Response Brief on the Merits is granted in part. Response Brief is due July 19, 2021. Reply Brief is due August 3, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
07/06/2021Motion for Extension of Time to File Brief filed  Third Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of TexCom Gulf Disposal, LLC and the Texas Commission of Environmental Quality, et al.
06/13/2022Amicus Curiae Letter Received  Amicus Letter received on behalf of Mr. Ron Beal.
06/10/2022Court approved judgment sent to attorneys of recordIssued
06/10/2022Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Chief Justice Hecht delivered the opinion of the Court.
(6/10/2022 11:56:41 AM) 191104.pdf, 19-1104.jmt.pdf
06/09/2021Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due July 9, 2021. Reply Brief is due July 26, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/09/2021Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Response Brief on the Merits field on behalf of TexCom Gulf Disposal, LLC and the Texas Commission of Environmental Quality, et al.
05/12/2020Case forwarded to Court 
05/08/2020Amicus Curiae Brief received  Amicus Curiae Brief in Support of Petitioners' Petition for Review submitted by J.Bruce Bennett of Cardwell, Hart & Bennett, LLP of Austin, Texas.
05/06/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Briefs on the Merits granted. Response Briefs due June 9, 2021. Reply Brief due June 24, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/06/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits field on behalf of TexCom Gulf Disposal, LLC and the Texas Commission of Environmental Quality, et al.
05/06/2021Call received  Call received from counsel for TexCom Gulf Disposal, LLC regarding filings.
05/06/2020Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Montgomery County and City of Conroe.
04/19/2021Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Montgomery County, et al.
04/19/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Nicky E. Dyer.
04/19/2021Call received  Call received from counsel for Petitioner regarding Brief on the Merits.
04/06/2020MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply due May 6, 2020. Further motions for extensions of time for this filing will be disfavored.
04/06/2020Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Montgomery County and City of Conroe.
04/02/2020Response Waiver filed  Response Waiver filed on behalf of Texas Commission on Environmental Quality.
03/30/2020Amicus Curiae Letter Received  Amicus Curiae Letter Brief received on behalf of Mr. Ron Beal.
03/27/2020Electronic communication sent to Party  The Clerk emailed petitioner's counsel regarding the reply due date
03/27/2020Call received  Call from counsel for petitioner regarding reply due date.
03/25/2020Response to Petition  Response to Petition for Review filed on behalf of TexCom Gulf Disposal, LLC.
03/17/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Petitioners' Brief is due April 19, 2021. Response Brief is due May 10, 2021. Reply Brief is due May 25, 2021.
03/17/2021Electronic communication received from Party  Email from counsel stating that a response to the motion will not be filed.
03/17/2021Electronic communication sent to Party  Email sent to counsel to determine if a response to motion will be filed.
03/17/2021Motion for Extension of Time to File Brief filed  Second Joint Petitioners' Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Nicky E. Dyer, et al.
03/09/2020Call received  Call Received from Counsel for Petitioner regarding Petition for Review submission.
03/09/2020Corrected Petition  Corrected Petition for Review filed on behalf of Montgomery County and the City of Conroe.
03/06/2020Adoption by another party of brief already filed  Notice of Joinder on Petition for Review filed on behalf of Nicky E. Dyer, et al.
03/05/2020Petition for Review  Petition for Review filed on behalf of Montgomery County and the City of Conroe.
02/11/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief on the Merits due March 28, 2021. Further requests for extensions of time for this filing will be disfavored. Response Brief on the Merits due April 7, 2021. Reply Brief on the Merits due April 22, 2021.
02/10/2022Call received  Call received from counsel for TexCom Gulf Disposal, LLC regarding filing.
02/10/2022Call received  Call received from counsel for Respondent.
02/10/2021Motion 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 Nicky E. Dyer.
02/09/2022Supplemental Letter Brief  Supplemental Letter Brief filed on behalf of Texas Commission on Environmental Quality.
02/09/2022Supplemental Letter Brief  Supplemental Letter Brief filed on behalf of TexCom Gulf Disposal, LLC.
02/09/2022Supplemental Letter Brief  Petitioner's Supplemental Letter Brief filed on behalf of Montgomery County and the City of Conroe.
01/29/2020Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Petition for Review due March 6, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/29/2020Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Nicky E. Dyer, et al.
01/26/2022Supreme Court orders additional briefing from parties  Supplemental Briefing requested: The Supreme Court of Texas requests that the parties file supplemental briefs addressing the following question: Do the four No-Harm Letters issued by the Railroad Commission of Texas on June 18, 2021 to Union Processing Systems affect the resolution of any issue presented in this proceeding?
The supplemental briefs may be in the form of a letter and are due no later than 5:00 p.m., February 9, 2022.
01/26/2021Record Received (See Remarks)  Record received from the Third Court of Appeals.
01/19/2021Call received  Call received from counsel for the City of Conroe regarding the paper record.
01/15/2021Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than February 16, 2021; Response brief due March 8, 2021; Reply brief due March 23, 2021.
01/15/2021Amicus Curiae Letter Received  Amicus Curiae Letter received from Ron Beal.
01/13/2021Call received  Call received from counsel for Petitioners regarding Briefs on the Merits request.
01/12/2022Amicus Curiae Letter Received  Amicus Letter received on behalf of Mr. Ron Beal.
01/12/2022Oral argument   Argued on behalf of Petitioners, Montgomery County and City of Conroe, by Andrew S. "Drew" Miller; Argued on behalf of Respondent, Texas Commission on Environmental Quality, by Bill Davis; Argued on behalf of Respondent, TexCom Gulf Disposal, LLC, by John A. Riley
01/11/2022Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Nicky E. Dyer, et al.
01/11/2022Electronic communication sent to Party  Email sent to attorneys regarding an update on oral argument. The courtroom of the Supreme Court of Texas is closed to the public for oral arguments January 11-13, 2022. Admission is limited to counsel and those accompanying them in cases on the submission schedule, and public officials. As always, oral arguments are webcast live on our YouTube channel, and recordings are available later in the archives at the TexasBarCLE website.
01/07/2022Letter Filed  Letter filed on behalf of TexCom Gulf Disposal, LLC.
01/07/2022Letter Filed  Letter filed on behalf of Texas Commission on Environmental Quality.
01/07/2022Submission Schedule 
01/03/2022Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding additional oral argument information.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/15/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Hoagland, ShirleyPetitionerMs. Angela C Zambrano
Mr. Kevin Andrew Forsberg
Bryan W. Shaw, in his Official Capacity as TCEQ ChairmanRespondent 
Nelson, LoisPetitionerMr. Kevin Andrew Forsberg
Bank of America, N.A., Trustee for Sabine Royalty TrustOther interested party Mr. James A. Holmes
Carlos Rubenstein, in his Official Capacity as TCEQ CommissionerRespondent 
TexCom Gulf Disposal, LLCRespondentJohn Aloysius Riley
Mr. Paul C. Sarahan
Mr. Dale Wainwright  
Montgomery CountyPetitionerMs. Amy Warr
Ms. Deborah C. Trejo
Mr. Mark N. Osborn
Mr. Andrew S. Miller
Ward, Edwain A. (Art)PetitionerMr. Kevin Andrew Forsberg
Ward, RichardPetitionerMr. Kevin Andrew Forsberg
Texas Commission on Environmental QualityRespondentMs. Linda B. Secord
The Honorable Samuel Dorfman
Mr. Bill Davis
Mr. Shawn Cowles
Atty. Gen. W. Kenneth Paxton Jr.
Ms. Priscilla M. Hubenak
Mr. Brent Webster
Buddy Garcia, in his Official Capacity as TCEQ CommissionerRespondent 
Rodel, BrianPetitionerMr. Kevin Andrew Forsberg
Harrell, FloraPetitionerMr. Kevin Andrew Forsberg
Denbury Onshore, LLCOther interested party Ms. Angela C Zambrano
Mr. Robert Scott Velevis
Mr. J. Stephen Ravel
Ms. Diana L. Nichols
Langston, III, James A.PetitionerMr. Kevin Andrew Forsberg
Beal, RonAmicus CuriaeMr. Ron Beal
City of ConroePetitionerMr. Mark N. Osborn
Ms. Deborah C. Trejo
Mr. Andrew S. Miller
Ms. Amy Warr
Langston, JamesPetitionerMr. Kevin Andrew Forsberg
Dyer, Nicky E.PetitionerMr. Kevin Andrew Forsberg
Hoagland, EdgarPetitionerMr. Kevin Andrew Forsberg
Bennett, J. BruceAmicus CuriaeMr. J. Bruce Bennett
Court of Appeals Information:
Affirmed  
639 SW3d 721, 10-11-19 
3rd Court of Appeals 
Honorable Melissa Young Goodwin 
Trial Court Information
345th District Court 
Travis 
Honorable Timothy M. Sulak 
D-1-GN-11-001898