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