Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 08/10/2015 4:55:08 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00433-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/10/2015 4:55:08 PM KEITH HOTTLE CLERK NO. 04-15-00433-CV IN THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXAS SAN ANTONIO, TEXAS POST OAK CLEAN GREEN, INC., and TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellants, v.
GUADALUPE COUNTY GROUNDWATER CONSERVATION DISTRICT, Appellee. UNOPPOSED FIRST JOINT MOTION FOR EXTENSION OF
TIME TO FILE BRIEFS OF APPELLANTS POST OAK CLEAN GREEN, INC. AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY John A. Riley chris.dodson@bgllp.com jriley@jgdpc.com
B RACEWELL IULIANI LLP J ACKSON G ILMOUR & D OBBS
711 Louisiana Street, Suite 2300 1115 San Jacinto Blvd., Suite 275
Houston, Texas 77002-2770 Telephone: (512) 574-8861
Facsimile: (713) 221-1212 Facsimile: (512) 574-8861
ATTORNEYS FOR APPELLANT POST OAK CLEAN GREEN, INC.
Bill Davis
State Bar No. 24028280
Bill.Davis@texasattorneygeneral.gov
Nancy Olinger
Nancy.Olinger@texasattorneygeneral.gov
Cynthia Woelk
Cynthia.Woelk@texasattorneygeneral.gov
O FFICE OF THE TTORNEY ENERAL OF T EXAS
P.O. Box 12548
MC-059 & MC-066
Facsimile: (512) 370-9191
ATTORNEYS FOR APPELLANT TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY *3
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),
Appellants Post Oak Clean Green, Inc. (“Post Oak”) and Texas Commission on
Environmental Quality (“TCEQ”) file this Unopposed First Joint Motion for
Extension of Time to File Briefs of Appellants.
Appellants’ Briefs are currently due on August 18, 2015. Appellants request
an extension of time of 30 days to file their Briefs, i.e. , an extension of time to and
including September 17, 2015. This is Appellants’ first request for an extension of
time to file their Briefs. Counsel for Appellee Guadalupe County Groundwater
Conservation District has indicated that Appellee is not opposed to this request.
Appellants need an extension of time because of the complex issues in this
appeal. Appellant Post Oak’s trial counsel substituted into this case after the
underlying briefing regarding the appealed order was completed; therefore
Appellant Post Oak’s counsel was not involved in the case in the trial court until
recently and needs additional time to analyze the issues and the record in order to
prepare a brief that will be helpful to the Court in resolving the case. Moreover, in
addition to assisting the preparation of the brief in this appeal, counsel for Post Oak
is, among other matters: (1) preparing to argue seven motions for summary
judgment in Civil Action No. 2012-33666, Vertical North America, Inc. now
known as Raizen North America, Inc. v. Vopak Terminal Deer Park, Inc . in the
61st Judicial District Court of Harris County, on August 28, 2015; (2) drafting an
appellate brief to the Federal Circuit on an expedited schedule due August 10,
2015 in Civil Action No. 15-1870, M-I LLC, v. FPUSA LLC ; (3) conducting
depositions; other discovery, including a site visit; and preparing pre-filed
testimony and exhibits for the administrative hearing pertaining to the TCEQ
permit for the proposed Post Oak landfill that have been ordered to be completed
by September 18, 2015.
Similarly, Bill Davis, TCEQ’s lead appellate counsel, was not involved in
this case in the trial court, was on vacation when the time for submitting an
opening brief began to run, and did not receive a copy of the record on appeal until
August 5, 2015. He is also assisting several clients in evaluating a recently
published Environmental Protection Agency rule in connection with a forthcoming
challenge to the rule in the United States Court of Appeals for the D.C. Circuit and
consulting on two pending matters with court-set deadlines this week. For these
reasons, appellant TCEQ likewise requires additional time in order to prepare a
thorough and helpful brief in this case.
PRAYER Appellants Post Oak Clean Green, Inc., and Texas Commission on
Environmental Quality pray that this Court grant a 30-day extension of time to file
their Briefs of Appellants, to and including September 17, 2015, and for any other
relief to which it may be entitled.
Respectfully submitted, /s/ Christopher L. Dodson John A. Riley State Bar No. 16927900 jriley@jgdpc.com J ACKSON G ILMOUR & D OBBS 1115 San Jacinto Blvd., Ste. 275 Austin, Texas 78701 Telephone : (512) 574-8861 Facsimile : (713) 355-5001 State Bar No. 24050519 chris.dodson@bgllp.com B RACEWELL G IULIANI LLP 711 Louisiana Street, Suite 2300 Houston, Texas 77002-2770 Facsimile: (713) 221-1212 ATTORNEYS FOR APPELLANT POST OAK CLEAN GREEN, INC. Bill Davis State Bar No. 24028280 Bill.Davis@texasattorneygeneral.gov Nancy Olinger Nancy.Olinger@texasattorneygeneral.gov Cynthia Woelk Cynthia.Woelk@texasattorneygeneral.gov O FFICE OF THE TTORNEY ENERAL OF T EXAS P.O. Box 12548 MC-059 & MC-066 Telephone : (512) 936-1896 Facsimile : (512) 370-9191 *6 ATTORNEYS FOR APPELLANT TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CERTIFICATE OF CONFERENCE I hereby certify that I conferred with counsel for Appellee Guadalupe
County Groundwater Conservation District, and Appellee does not oppose the
relief sought in this motion.
/s/ Christopher L. Dodson Christopher L. Dodson CERTIFICATE OF SERVICE I hereby certify that a copy of this Unopposed First Joint Motion for
Extension of Time to File Briefs of Appellants Post Oak Clean Green, Inc., and
Texas Commission on Environmental Quality was served on counsel of record by
E-File as follows on August 10, 2015, addressed as follows:
Marisa Perales
F REDERICK P ERALES , LLMON R OCKWELL
707 Rio Grande, Ste. 200
Austin, Texas 77552-6894
Attorney for Appellee Guadalupe County
Groundwater Conservation District
/s/ Christopher L. Dodson