Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox And the City of Hempstead v. Texas Commission on Environmental Quality and Pintail Landfill, L.L.C.
03-14-00718-CV
| Tex. App. | Jun 12, 2015
Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/12/2015 7:15:20 PM JEFFREY D. KYLE Clerk Michael S. Truesdale, PLLC Law Office of THIRD COURT OF APPEALS 6/12/2015 7:15:20 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00718-CV *1 ACCEPTED [5666395] CLERK Michael S. Truesdale mike@truesdalelaw.com

Board Certified • Civil Appellate Law Texas Board of Legal Specialization

June 12, 2015

Honorable Jeffrey Kyle, Clerk

Third Court of Appeals

P.O. Box 12547

Austin, TX 78711

Re: 03-14-00718-CV, Citizens against the Landfill in Hempstead et al. v. Texas Commission on Environmental Quality, et al.

Response to Appellants’ Motion to Reconsider Denial of Oral Argument Dear Mr. Kyle:

Please file this letter with the papers in the above-captioned case.

On June 9, 2015, Appellants filed a motion to reconsider the denial of their request

for oral argument. Pintail Landfill, LLC files this letter in response.

For the reasons set forth in its Brief of Appellee, Pintail opposes the Motion. While

Appellants contend the case raises “issues of first impression”, they do not identify

any such issues, nor do they explain why any such issues are so complicated that

they cannot be resolved based upon the briefing provided by top-tier counsel at every

stage in this case. Nor did they identify such issues or rely upon such a ground in

their initial statement regarding oral argument. Finally, while Appellants contend that

oral argument is needed to “bring clarity” to the written arguments, they do not

explain what deficiency exists in the briefing that needs to be clarified. Pintail

Landfill, LLC is willing to stand by its briefing without oral submission, as the case

simply does not warrant anything more than submission on the briefs.

Accordingly, Pintail Landfill, LLC opposes the motion requesting reconsideration of

the denial of oral argument, reserving its right to participate and present oral

argument in the event the motion is granted.

Respectfully submitted, /s/ Michael S. Truesdale Michael S. Truesdale SBN 00791825

Counsel for Appellee Pintail Landfill, LLC 801 West Avenue, Suite 201 Austin, Texas 78701 512.482.8671 (ofc) • 866.847.8719 (fax) • www.truesdalelaw.com *2 Honorable Jeffrey Kyle

June 12, 2015

Page 2

CERTIFICATE OF SERVICE On June 12, 2015, the undersigned certifies that he served a copy of this letter on the following counsel by e-service:

V. Blaire Peña Monica M. Jacobs

Terry L. Scarborough Diana L. Nichols

Michael L. Woodward Kelly Hart & Hallman LLP

Wesley P. McGuffey 301 Congress Avenue, Suite 2000

Hance Scarborough, LLP Austin, Texas 78701

400 West 15 th Street, Suite 9500 Attorneys for City of Hempstead

Austin, TX 78701

Attorneys for Citizens Against the

Landfill in Hempstead

Nancy Olinger, Assistant Attorney General

Cynthia Woelk, Assistant Attorney General

P.O. Box 12548, Capitol Station (MC-066)

Austin, TX 78711-2548

Attorneys for the Texas Commission on Environmental Quality

/s/ Michael S. Truesdale Michael S. Truesdale 801 West Ave., Suite 201, Austin, Texas 78701 512.482.8671 (ofc) • 866.847.8719 (fax) • www.truesdalelaw.com