Supreme Court

Case: 19-1108    
19-1108
12/18/2019
Second Petition for Review/Cause under Rule 53.1
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND DOS REPÚBLICAS COAL PARTNERSHIP 
MAVERICK COUNTY, CITY OF EAGLE PASS, ENVIRONMENTAL DEFENSE FUND, WALTER HERRING, ERNESTO IBARRA, GABRIEL DE LA CERDA, MIKE HERNANDEZ, BOULWARE AND ANSON FAMILY, LTD., AND MAVERICK COUNTY ENVIRONMENTAL AND PUBLIC HEALTH ASSOCIATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/28/2022Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Maverick County.
10/26/2021Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Maverick County, et al.
02/25/2021Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
02/25/2021Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Dos Republicas Coal Partnership.
01/11/2021Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Maverick County.
01/11/2021Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of City of Eagle Pass, et al.
12/11/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality, et al.
12/11/2020Brief on the MeritsEvent related to subsequent petition filed in case. Petitioner's Brief on the Merits filed on behalf of Dos Republicas Coal Partnership.
08/07/2020Reply to ResponsePetitioner Reply to Petition for Review filed on behalf of Texas Commission on Environmental Quality.
06/18/2020Reply to ResponseEvent related to subsequent petition filed in case. Reply in support of Petition for Review filed on behalf of Dos Republicas Coal Partnership.
06/03/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Maverick County.
06/03/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of City of Eagle Pass, et al.
05/01/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Texas Water Conservation Association submitted by Stacey Steinbach.
03/04/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of The Texas Egg Counsel, Texas Poultry Federation, Texas Pork Producers Association, Texas Association of Dairymen, Texas Farm Bureau, and Texas Cattle Feeders Association submitted by James Bradbury of James D. Bradbury, PLLC of Fort Worth, Texas.
01/29/2020Petition for Review #2Event related to subsequent petition filed in case. Petition for Review filed on behalf of Dos Republicas Coal Partnership.
01/29/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Commission on Environmental Quality.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2019Designation of Lead Counsel   Notice of designation of new lead counsel filed on behalf of Texas Commission on Environmental Quality.
12/30/2019Motion 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 January 29, 2020.
12/30/2019Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Texas Commission on Environmental Quality.
12/19/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than January 29, 2020.
12/19/2019Court reporter/recorder's record 
12/19/2019Clerk's Record 
12/19/2019Court reporter/recorder's record 
12/19/2019Supplement to Clerk's/Reporter's Record 
12/18/2019Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Dos Republicas Coal Partnership.
12/11/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality, et al.
12/11/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Dos Republicas Coal Partnership.
11/13/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioners' Briefs on the Merits granted. Further requests for extensions of time for this filing will not be considered.
Petitioners' briefs are due December 11, 2020. Respondents' briefs are due January 11, 2021. Reply briefs are due January 26, 2021.
11/12/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Dos Repúblicas Coal Partnership.
11/12/2020Call received  Call received from counsel for Dos Republicas Coal Partnership.
11/12/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. No further extensions of time will be considered. Petitioner's brief is due no later than  December 11, 2020; Respondent's brief is due January 11, 2021; and Reply brief is due January 26, 2021.
11/10/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Texas Commission on Environmental Quaility, et al.
10/27/2021Oral argument   Argued on behalf of Petitioner, Dos Republicas Coal Partnership, by Jennifer Caughey; Argued on behalf of Petitioner, Texas Commission on Environmental Quality, by Bill Davis; Argued on behalf of Respondents by David Frederick
10/27/2021Oral argument   Argued on behalf of Petitioner, Dos Republicas Coal Partnership, by Jennifer Caughey; Argued on behalf of Petitioner, Texas Commission on Environmental Quality, by Bill Davis; Argued on behalf of Respondents by David Frederick
10/26/2021Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Maverick County, et al.
10/22/2021Submission Schedule 
10/18/2021Oral Argument Submission Form from Attorney received  Revised Oral Argument Submission Form submitted on behalf of Dos Republicas Coal Partnership. Oral Argument will be presented by Jennifer Caughey of Jackson Walker from Houston, Texas.
10/13/2021Oral Argument Submission Form from Attorney received  Revised Oral Argument Submission Form submitted on behalf of the Texas Commission on Environmental Quality. Oral Argument will presented by Bill Davis of the Office of Attorney general.
10/08/2021Miscellaneous motion disposed. See Remarks.Denied Joint Motion to Extend Time for Oral Argument denied
09/29/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Maverick County Environmental and Public Health Association and all Respondents. Oral Argument will be presented by David Frederick of Perales, Allmon & Ice, P.C. of Austin, TX.
09/29/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form Submitted on behalf of Texas Commission on Environmental Quality. Oral Argument will be presented by Bill Davis of the Office of the Attorney General.
09/29/2021Miscellaneous Motion  Unopposed Joint Motion to Extend Time for Oral Argument filed on behalf of Texas Commission on Environmental Quality.
09/29/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Dos Republicas Coal Partnership. Oral Argument will be presented by Jennifer Caughey of Jackson Walker from Houston, Texas.
09/18/2020Motion 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 November 12, 2020; Respondent's brief is due December 2, 2020; and Reply brief is due December 17, 2020.
09/17/2020Motion 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 Texas Commission of Environmental Quality.
09/10/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Maverick County. Oral Argument will be presented by David Frederick of Perales, Allmon & Ice, P.C. of Austin, Texas.
09/09/2021Notice of Appearance  Notice of Appearance filed on behalf of the Texas Commission on Environmental Quality.
09/09/2020Call received  Call received updating respondent's counsel.
09/09/2020Motion for Extension of Time disposed.Filing granted Unopposed 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 November 12, 2020; Respondent's brief is due December 2, 2020; and Reply brief is due December 17, 2020.
09/08/2020Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Dos Republicas Coal Partnership.
09/01/2021Letter sent to parties from Supreme Court - See Remarks  Additional information sent to parties regarding upcoming in-person oral arguments.  
08/28/2020Brief on the Merits Ordered  Brief on the Merits requested:  Petitioner's brief on the merits due no later than September 28, 2020; Response brief due October 19, 2020; Reply brief due November 3, 2020.
08/07/2020Phone call from Clerk's Office  Call made to Janet McNutt.
08/07/2020Reply to Response  Reply to Petition for Review filed on behalf of Texas Commission on Environmental Quality.
08/07/2020Phone call from Clerk's Office  Call made to counsel for Petitioner regarding filing.
07/09/2021Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., October 27, 2021.  Time allotted to argue: 20/20 minutes
07/09/2021Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., October 27, 2021.  Time allotted to argue: 20/20 minutes
07/09/2021Motion to re-set submission date disposedFiling granted Respondent's Unopposed Motion for Alternative Oral Submission Date granted
07/09/2020MET to file reply disposed ofFiling granted Second Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due August 7, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
07/09/2020Motion to Extend Time to File Reply filed  Second Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Texas Commission on Environmental Quality.
07/08/2021Letter Filed  Vacation letter filed on behalf of Dos Republicas Coal Partnership.
07/06/2021Call received  Call received from counsel from Petitioner regarding motion to change oral argument date.
07/06/2021Motion to re-set submission date filed.  Motion for Alternate Oral Submission Date filed on behalf of Maverick County.
07/01/2021Designation of Lead Counsel   Notice of Lead Counsel filed on behalf of Texas Commission on Environmental Quality.
07/01/2021Call received  Call received from counsel for Maverick County regarding oral argument schedule.
06/26/2020MET to file reply disposed ofFiling granted Unopposed First Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply due July 9, 2020. Further motions for extensions of time for this filing will be disfavored.
06/25/2021Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 29, 2021. Time allotted to argue: 20/20 minutes
06/25/2021Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 29, 2021.  Time allotted to argue: 20/20 minutes
06/19/2020Motion 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 Texas Commission on Environmental Quality.
06/18/2020Reply to Response  Reply in support of Petition for Review filed on behalf of Dos Republicas Coal Partnership.
06/11/2021Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/11/2021Petition for Review granted 
06/11/2021Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/11/2021Petition for Review granted 
06/03/2020Response to Petition  Response to Petition for Review filed on behalf of Maverick County.
06/03/2020Response to Petition  Response to Petition for Review filed on behalf of City of Eagle Pass, et al.
05/03/2022Record returned to Court of Appeals 
05/01/2020Amicus Curiae Letter Received  Amicus Curiae Letter of Texas Water Conservation Association submitted by Stacey Steinbach.
04/30/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due June 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/30/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Maverick County and the City of Eagle Pass, et al.
04/22/2022Mandate issued  Mandate & Cost Bill Issued
04/22/2022Motion for Rehearing - DisposedDenied
04/03/2020Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than May 4, 2020.
03/05/2021Record Received (See Remarks) 
03/04/2020Amicus Curiae Letter Received  Amicus Curiae Letter of The Texas Egg Counsel, Texas Poultry Federation, Texas Pork Producers Association, Texas Association of Dairymen, Texas Farm Bureau, and Texas Cattle Feeders Association submitted by James Bradbury of James D. Bradbury, PLLC of Fort Worth, Texas.
03/03/2021Electronic communication sent to Party  Email sent to the Third Court of Appeals Clerks Office regarding administrative record.
03/03/2020Case forwarded to Court 
03/03/2020Case forwarded to Court 
02/28/2022Case forwarded to Court 
02/28/2022Motion for Rehearing  Motion for Rehearing filed on behalf of Maverick County.
02/28/2020Response Waiver filed  Response Waiver filed on behalf of City of Eagle Pass, et al.
02/28/2020Response Waiver filed  Response Waiver filed on behalf of Maverick County.
02/25/2021Reply Brief  Reply Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
02/25/2021Reply Brief  Reply Brief on the Merits filed on behalf of Dos Republicas Coal Partnership.
02/23/2021Phone call from Clerk's Office  Call made to the Third Court of Appeals Clerk's Office regarding Administrative Record.
02/22/2021Call received  Call received from counsel for Dos Republicas Coal Partnership regarding boxes of paper record.
02/11/2022Court approved judgment sent to attorneys of recordIssued
02/11/2022Opinion issuedIssued
02/11/2022Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Blacklock delivered the opinion of the Court.
(2/11/2022 3:39:07 PM) 191108.pdf, 19-1108.jmt.pdf
01/30/2020Call received  Call received from counsel for Dos Republicas Coal Partnership regarding corruption in the accepted Petition for Review.
01/29/2020Petition for Review #2  Petition for Review filed on behalf of Dos Republicas Coal Partnership.
01/29/2020Petition for Review  Petition for Review filed on behalf of Texas Commission on Environmental Quality.
01/27/2020Designation of Lead Counsel   Notice of Appearance and Designation of Lead Counsel filed on behalf of Dos Republicas Coal Partnership.
01/15/2021Electronic communication received from Party  Email received from counsel for Petitioner.
01/15/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Dos Repubilcas Coal Partnership's Reply Brief on the Merits granted. Further requests for extensions of time for this filing will be disfavored. Reply Brief due February 25, 2021.
01/15/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Texas Commission on Environmental Quality's Reply Brief on the Merits granted. Further requests for extensions of time for this filing will be disfavored. Reply Brief due February 25, 2021.
01/15/2021Reply to Response to Motion  Reply in Support of Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Dos Republicas Coal Partnership.
01/15/2021Response to Motion filed  Response in opposition to Motions for Extension of Time to file Reply Brief on the Merits filed on behalf of Maverick County and the City of Eagle Pass, et al.
01/15/2021Call received  Call received from Petitioners regarding Motion for Extension of Time to file Reply Brief on the Merits.
01/15/2021Electronic communication sent to Party  Email sent to counsel for respondents regarding opposed Motion for Extension of Time to file Reply Brief.
01/14/2021Motion for Extension of Time to File Brief filed  Opposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
01/14/2021Electronic communication received from Party  Email from counsel stating a response to motion will be filed.
01/14/2021Electronic communication sent to Party  Email sent to counsel for respondents to determine if a response to motion for extension of time will be filed.
01/13/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Dos Republicas Coal Partnership.
01/11/2021Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Maverick County.
01/11/2021Brief on the Merits  Respondents' Brief on the Merits filed on behalf of City of Eagle Pass, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/22/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
The Texas Farm BureauAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
Texas Commission on Environmental QualityPetitionerMr. Bill Davis
Mr. Brent Webster
Ms. Cynthia Woelk
Mr. Jeffrey C. Mateer
Mr. Shawn Cowles
Ms. Linda B. Secord
Ms. Priscilla M. Hubenak
Mr. W. Kenneth Paxton
The Honorable Samuel Dorfman
Mr. Darren Lee McCarty
Mr. Judd Stone II
Mr. Daniel C. Wiseman
Dos Repúblicas Coal PartnershipPetitioner 2Mr. Leonard H. Dougal
Ali Abazari
Ms. Heather Heartfield
Ms. Jennifer Caughey  
Mr. William (Bill) J. Cobb III
Maverick County Environmental and Public Health AssociationRespondentRobert Banse III
Mr. Thomas M. Weber
Mr. Paul Robert Tough
Mr. Adam Friedman
Texas Water Conservation AssociationAmicus CuriaeMs. Stacey A. Steinbach
Environmental Defense FundRespondentMr. Thomas M. Weber
Robert Banse III
Mr. Paul Robert Tough
Mr. Adam Friedman
The Texas Association of DairymenAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
De La Cerda, GabrielRespondentRobert Banse III
Mr. Adam Friedman
Mr. Thomas M. Weber
Mr. Paul Robert Tough
Maverick CountyRespondentMr. David O. Frederick
City of Eagle PassRespondentMr. Thomas M. Weber
Mr. Paul Robert Tough
Robert Banse III
Mr. Adam Friedman
The Texas Cattle Feeders AssociationAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
Ibarra, ErnestoRespondentMr. Adam Friedman
Robert Banse III
Mr. Thomas M. Weber
Mr. Paul Robert Tough
Hernandez, MikeRespondentMr. Adam Friedman
Mr. Paul Robert Tough
Robert Banse III
Mr. Thomas M. Weber
Boulware and Anson Family, Ltd.RespondentRobert Banse III
Mr. Thomas M. Weber
Mr. Adam Friedman
Mr. Paul Robert Tough
Herring, WalterRespondentMr. Thomas M. Weber
Robert Banse III
Mr. Adam Friedman
Mr. Paul Robert Tough
The Texas Poultry FederationAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
The Texas Pork Producers AssocAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
The Texas Egg CouncilAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
Court of Appeals Information:
Vacated/Affirm in part 
628 SW3d 497, 11-15-19 
3rd Court of Appeals 
Honorable Melissa Young Goodwin 
Trial Court Information
250th District Court 
Travis 
Honorable Karin R. Crump 
D-1-GN-16-005038