Pursuant to Rules 10.5(b)(1) and 38.6(d), Appellant the Texas Commission on Environmental Quality files this first unopposed motion for an extension of time and respectfully requests a 12-day extension of time, until and through March 2, 2015, to file its Reply Brief.

1. The current deadline for filing Appellant's Reply Brief is Wednes-

*2 day, February 18, 2015. 2. Appellant requests a 12-day extension, until March 2, 2015. 3. No previous extensions have been granted regarding this brief. 4. Oral argument has been set for March 11, 2015, at 1:30 p.m. 5. An extension until March 2, 2015, is not opposed by Appellees. 6. This motion is requested for the following reasons: a. Assistant Attorney General Linda Secord suffered a broken ankle, which required surgery on January 6, 2015, and has been unable to work effectively since that date. Her first partial day back in the office was February 12; she is not expected to return full-time before March 15, 2015. Her legal knowledge and expertise are essential to the State's briefing in this complex and important case. Her participation will allow the State to make the best possible presentation of the issues, including several issues of first impression, for the Court's consideration. b. Assistant Attorney General Craig Pritzlaff has a deadline of

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Tuesday, February 17, 2015, to file a reply brief in State of Texas v. Bernard Morello, D-1-GV-06-000627, in the 353rd Judicial District Court of Travis County. He has a Motion for Summary Judgment set for Thursday, February 19, 2015, in that case, seeking to recover civil penalties for violations of environmental law and regulations. He has not been able to assist with the briefing on this appeal. 7. No trial date has been set in the trial court, and no scheduling order is in place in the trial court that would be impacted by an extension of time to consider this appeal.

PRAYER

For the reasons stated above, Appellant the Texas Commission on Environmental Quality prays that the Court grant a 12-day extension, until March 2, 2015, for the State to file its Reply Brief.

Respectfully submitted this 17th day of February 2015. KEN PAXTON Attorney General of Texas

*4 CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation JON NIERMANN Chief, Environmental Protection Division /s/ Thomas H. Edwards THOMAS H. EDWARDS Assistant Attorney General Tex. Bar No. 06461800 Thomas.Edwards@TexasAttorney General.gov CRAIG J. PRITZLAFF Assistant Attorney General Tex. Bar No. 24046658 Craig.Pritzlaff@TexasAttorney General.gov LINDA SECORD Assistant Attorney General Tex. Bar No. 17973400 Linda.Secord@TexasAttorney General.gov

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Office of the Attorney General Environmental Protection Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Tel: (512) 463-2012 Fax: (512) 320-0911

ATTORNEYS FOR APPELLANT, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CERTIFICATE OF CONFERENCE

On February 13-16, 2015, the undersigned conferred with Adam Sencenbaugh, counsel for Appellees, and Mr. Sencenbaugh confirmed that this motion is not opposed. /s/ Thomas H. Edwards THOMAS H. EDWARDS

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CERTIFICATE OF SERVICE

I, Thomas H. Edwards, do hereby certify that a true and correct copy of the foregoing document was served by electronic service on the following parties or attorneys of record on the 17th day of February, 2015, and by email the same day.

Attorneys

John R. Eldridge HAYNES AND BOONE, L.L.P. 1221 McKinney St., Ste. 2100 Houston TX 77010-2020 Telephone: (713) 547-2000 Facsimile: (713) 547-2600 John.Eldridge@haynesboone.com

Adam H. Sencenbaugh HAYnES AND BOONE, L.L.P. 600 Congress Ave., Ste. 1300 Austin TX 78701-2579 Telephone: (512) 867-8489 Telecopier: (512) 867-8606 Adam.Sencenbaugh@ haynesboone.com

Janessa M. Glenn R. Steven Morton

MOLTZ MORTON & GLENN, LLP 5113 Southwest Pkwy, Ste. 120 Austin TX 78735-8969 jglenn@mmandg.com

Parties

Exxon Mobil Corporation, ExxonMobil Oil Corporation, Pennzoil-Quaker State Company and Shell Oil Company

Cabot Norit Americas, Inc.

*7 John E. Leslie JOHN LESLIE | PLLC 1216 Florida Dr., Ste. 140 Arlington TX 76015-2393 Tel: (817) 505-1291 Arlingtonlaw@aol.com

Cynthia J. Bishop C BishoP LaW PC P.O. Box 612994

Dallas TX 75261-2994 cbishop@cbishoplaw.com

Paul Craig Laird II Ashley & Laird, L.C. 800 W. Airport Fwy., Ste. 880 Irving TX 75062-6274 pcl880@aim.com

George E. Kuehn Butzel Long 301 E. Liberty St., Ste 500 Ann Arbor MI 48104-2283 Tel: 734-213-3257 Fax: 734-995-1777 kuehn@butzel.com

Howard Freilich, d/b/a Quick Stop Brake and Muffler

Baxter Oil Service

Frank Kosar, d/b/a Rite Way Truck Rental

SBC Holdings, Inc., f/k/a The Stroh Brewery Company /s/ Thomas H. Edwards THOMAS H. EDWARDS