| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/31/2024 | Motion for Extension of Time disposed. | Filing granted |
Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief on the Merits is due no later than January 9, 2025. Further requests for extensions of time for this filing will not be considered.
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| 12/31/2024 | Electronic communication sent to Party | |
Email sent to counsel for Ken Paxton regarding second motion for extension of time to filed petitioner's reply brief on the merits.
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| 12/31/2024 | Call received | |
Call received from counsel for petitioner regarding motion for extension of time to file reply brief on the merits.
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| 12/31/2024 | Motion for Extension of Time to File Brief filed | |
Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
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| 12/28/2023 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due January 16, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 12/28/2023 | 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 Texas Commission on Environmental Quality.
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| 12/15/2023 | Petition for Review disposed | Denied |
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| 12/02/2024 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief on the Merits is due January 2, 2025. Further requests for extensions of time for this filing will be disfavored.
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| 12/02/2024 | Motion for Extension of Time to File Brief filed | |
Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
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| 11/18/2024 | Sealed document filed in case | |
Sealed Document - Unredacted Response Brief on the Merits filed on behalf of Sierra Club.
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| 11/18/2024 | Brief on the Merits | |
Respondent's Brief on the Merits filed on behalf of Ken Paxton.
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| 11/18/2024 | Brief on the Merits | |
Response Brief on the Merits filed on behalf of Sierra Club.
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| 11/15/2024 | Notice from Counsel of a change in address | |
Notice of Change of Counsel's Address filed on behalf of Sierra Club.
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| 11/05/2024 | Pro hac vice motion disposed | Filing granted |
Motion of Resident Attorney William Christian in Support of Kathleen Riley's Admission Pro Hac Vice is granted.
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| 11/05/2024 | Pro hac vice motion disposed | Filing granted |
Motion for Admission Pro Hac Vice for Kathleen Riley is granted.
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| 11/05/2024 | Pro hac vice motion filed | |
Unopposed Motion of Resident Attorney William Christian in Support of KAthleen Riley's Admission Pro Hac Vice filed on behalf of Sierra Club.
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| 11/05/2024 | Phone call from Clerk's Office | |
Call made to counsel for respondent regarding the motion for admission pro hac vice and fee.
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| 10/29/2024 | Pro hac vice motion filed | |
Unopposed Motion for Admission Pro Hac Vice of Kathleen Riley filed on behalf of Sierra Club.
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| 10/23/2024 | Motion to file document(s) sealed by the Court disposed. | Filing granted |
Motion to file Respondent's Brief Under Seal is granted.
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| 10/22/2024 | Motion to file document(s) sealed by the Court filed | |
Motion to file brief under seal filed on behalf of Sierra Club.
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| 10/02/2024 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due November18, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due December 3, 2024.
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| 10/02/2024 | 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 Ken Paxton, et al.
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| 10/01/2024 | Call received | |
Call received from counsel for Respondent regarding procedure for filing under seal.
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| 09/29/2023 | Reply to Response to Petition filed | |
Reply in Support of Petition for Review filed on behalf of Texas Commission on Environmental Quality.
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| 09/27/2024 | Brief on the Merits | |
Petitioner's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
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| 09/21/2023 | MET to file reply disposed of | Filing granted |
Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due on September 29, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 09/21/2023 | Motion to Extend Time to File Reply filed | |
Unopposed Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Texas Commission on Environmental Quality.
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| 09/20/2024 | Motion for Extension of Time disposed. | Filing granted |
Third Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due September 27, 2024. Further requests for extensions of time for this filing will not be considered. Response Brief is due October 17, 2024. Reply Brief is due November 1, 2024.
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| 09/18/2024 | Motion for Extension of Time to File Brief filed | |
Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
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| 09/09/2026 | Motion for Rehearing - Disposed | Denied |
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| 09/09/2025 | Oral argument | |
Argued on behalf of Petitioner by William D. Wassdorf (Office of the Attorney General), from Austin. Argued on behalf of Respondent, Ken Paxton, Attorney General of Texas, by Kathy Johnson (Office of the Attorney General), from Austin. Argued on behalf of Respondent, Sierra Club, by William Christian (Graves Dougherty Hearon & Moody, PC), from Austin
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| 09/06/2023 | Response to Petition | |
Response to Petition for Review filed on behalf of Sierra Club.
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| 09/05/2023 | Response to Petition | |
Response to Petition for Review filed on behalf of Ken Paxton, et al.
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| 08/27/2025 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form filed on behalf of Texas Commission on Environmental Quality. Oral Argument will be presented by William D. Wassdorf of Austin, Texas.
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| 08/27/2025 | Designation of Lead Counsel | |
Designation of Lead Counsel filed on behalf of Texas Commission on Environmental Quality.
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| 08/25/2025 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form received on behalf of Ken Paxton, Attorney General of Texas. Oral Argument will be presented by Kathy Johnson of the Office of the Attorney General, Austin, Texas.
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| 08/25/2025 | Oral Argument Submission Form from Attorney received | |
Oral Argument will be presented by Mr. William Christian with Graves Dougherty Hearon & Moody, PC, of Austin, Texas, filed on behalf of Sierra Club.
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| 08/12/2024 | Motion for Extension of Time disposed. | Filing granted |
Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due September 20, 2024. Further requests for extensions of time for this filing will not be considered. Response Brief is due October 10, 2024. Reply Brief is due October 25, 2024.
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| 08/12/2024 | Motion for Extension of Time to File Brief filed | |
Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
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| 07/31/2026 | Reply to Response to Motion for Rehearing filed | |
Reply in Support of Motion for Rehearing filed on behalf of Sierra Club.
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| 07/25/2023 | Motion for Extension of Time to File Response disposed | Filing granted |
Motion for Extension of Time to file Response to Petition for Review is granted. Response is due September 6, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 07/25/2023 | 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 Ken Paxton, et al.
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| 07/22/2026 | Response to Motion for Rehearing | |
Response to Motion for Rehearing filed on behalf of Texas Commission on Environmental Quality.
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| 07/08/2024 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due August 21, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 10, 2024. Reply Brief is due September 25, 2024.
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| 07/08/2024 | Motion 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 Texas Commission on Environmental Quality.
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| 07/07/2023 | Supreme Court of Texas Requested Response | |
Response requested to Petition for Review due no later than August 7, 2023.
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| 06/21/2024 | Brief on the Merits Ordered | |
Brief on the merits requested: Petitioner's brief due no later than July 22, 2024; Response brief due August 12, 2024; Reply brief due August 27, 2024.
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| 06/21/2024 | Petition Reinstated | |
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| 06/21/2024 | Motion for Rehearing - Disposed | Filing granted |
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| 06/21/2024 | Previous Order of the Court withdrawn | |
Order denying petition for review December 15, 2023 is withdrawn. Petition for review is reinstated.
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| 06/10/2026 | Motion for Extension of Time to File Response disposed | Filing granted |
Motion for Extension of Time to file Response to the Motion for Rehearing is granted. Response is due July 22, 2026. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 06/09/2026 | Additional Copies received | |
Copy of Unopposed Motion for Extension of Time to file a Response to the Motion for Rehearing filed on behalf of Texas Commission on Environmental Quality.
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| 06/09/2026 | Electronic communication sent to Party | |
Email sent to Counsel for Petitioner to file the fee for the Motion for Extension of Time.
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| 06/09/2026 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file a Response to the Motion for Rehearing filed on behalf of Texas Commission on Environmental Quality.
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| 06/09/2026 | Notice from attorney regarding vacation dates | |
Vacation Notice filed on behalf of counsel for Texas Commission on Environmental Quality.
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| 06/08/2026 | Substitution of Counsel | |
Notice of Substitution of Lead Counsel filed on behalf of Texas Commission on Environmental Quality.
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| 06/06/2023 | Case forwarded to Court | |
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| 06/05/2026 | Supreme Court of Texas Ordered Response | |
Court ordered response to motion for rehearing due no later than June 22, 2026.
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| 06/03/2026 | Case forwarded to Court | |
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| 06/03/2026 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of Sierra Club.
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| 06/02/2023 | Response Waiver filed | |
Response Waiver filed on behalf of Ken Paxton.
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| 05/30/2025 | Case set for oral argument | Case set for oral argument |
This cause has been set for oral argument at 9:00 a.m., September 9, 2025. Time allotted to argue: 20/20 minutes
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| 05/26/2026 | Notice of Appearance | |
Notice of Appearance of Counsel and Designation of Alexander R. Comsudi as lead counsel filed on behalf of Ken Paxton, Attorney General of Texas.
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| 05/22/2023 | Response Waiver filed | |
Response Waiver filed on behalf of Sierra Club.
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| 05/21/2026 | Notice received | |
Notice of Change of Attorney's Address filed on behalf of Sierra Club.
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| 05/18/2023 | Petition for Review | |
Petition for Review filed on behalf of Texas Commission on Environmental Quality.
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| 05/13/2024 | Response to Brief filed | |
Response to Amicus Brief filed on behalf of Sierra Club.
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| 05/02/2025 | Motion to withdraw disposed of | Filing granted |
Unopposed Motion for Leave to Withdraw granted. Alyssa Bixby-Lawson withdraws as counsel on behalf of petitioner, TCEQ and Kimberly Gdula will continue to represent petitioner.
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| 05/01/2023 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Second Motion for Extension of Time to file Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than May 18, 2023.
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| 04/29/2026 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due June 3, 2026. Further requests for extensions of time for this filing will be disfavored.
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| 04/29/2026 | 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 the Sierra Club.
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| 04/28/2023 | Second 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 Texas Commission on Environmental Quality.
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| 04/24/2025 | Motion to Withdraw Filed | |
Motion for Leave to Withdraw and Notice of Lead Counsel filed on behalf of Texas Commission on Environmental Quality.
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| 04/17/2026 | Court approved judgment sent to attorneys of record | Issued |
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| 04/17/2026 | Dissenting opinion issued. | Issued |
Justice Busby filed a dissenting opinion, in which Justice Lehrmann joined.
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| 04/17/2026 | Opinion issued | Court 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 Sullivan delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Devine, Justice Bland, Justice Huddle, Justice Young, and Justice Hawkins joined.
(4/17/2026 2:06:53 PM) 230244d.pdf, 230244.pdf, 23-0244.jmt.pdf
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| 04/16/2024 | Amicus Curiae Brief received | |
Amicus Brief received on behalf of Texas Association of School Boards Legal Assistance Fund, et al.
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| 04/04/2025 | Petition for Review disposed | Filing granted |
The date and time for oral argument are yet to be determined.
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| 04/04/2025 | Petition for Review granted | |
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| 03/29/2023 | Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due May 8, 2023.
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| 03/29/2023 | 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 of TCEQ.
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| 03/29/2023 | Court reporter/recorder's record | |
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| 03/29/2023 | Clerk's Record | |
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| 03/22/2024 | Reply to Response to Motion for Rehearing filed | |
Reply in support of Motion for Rehearing filed on behalf of Texas Commission on Environmental Quality.
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| 03/21/2024 | Response to Motion for Rehearing | |
Response to Motion for Rehearing filed on behalf of Ken Paxton, et al.
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| 03/08/2024 | Response to Motion for Rehearing | |
Response to Motion for Rehearing filed on behalf of Sierra Club.
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| 03/06/2024 | Motion for Extension of Time to File Response disposed | Filing granted |
Motion for Extension of Time to file Response to Motion for Rehearing is granted. Response is due March 21, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 03/06/2024 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Ken Paxton, et al.
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| 03/04/2024 | Designation of Lead Counsel | |
Designation of New Lead Counsel filed on behalf of Ken Paxton.
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| 02/23/2024 | Supreme Court of Texas Requested Response | |
Requested response to motion for rehearing due no later than March 11, 2024.
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| 01/23/2024 | Case forwarded to Court | |
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| 01/16/2024 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of Texas Commission on Environmental Quality.
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| 01/09/2025 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Texas Commission on Environmental Quality.
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