Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 08-0964
TAMES

THE EDWARDS AQUIFER AUTHORITY AND THE STATE OF TEXAS v. BURRELL DAY AND JOEL MCDANIEL

Oral argument was held on February 17, 2010. The Court issued an opinion resolving the case on February 24, 2012. It then denied rehearing on June 8, 2012 File Closed

In the news...

Tracking 17 articles about this case.

March 18, 2012

Groundwater decision leaves a lot of unanswered questions

from Lufkin Daily News

The Court has issued opinions:

March 18, 2012

Texas Farmers Battle Ogallala Pumping Limits

from Texas Tribune

March 1, 2012

Taking a Deeper Look at the Texas Supreme Court's Ruling on Water

from State Impact NPR

February 27, 2012

Biggest Decision in TX Groundwater Since 1904

from EDF

February 24, 2012

Texas Supreme Court Rules For Landowners in Water Case

from Texas Tribune

February 24, 2012

Supreme Court delivers major ruling on water regulation

from Austin American-Statesman

February 24, 2012

Landmark Texas water rights case may lead to future takings claims or legislative fixes: Edwards Aquifer v. Day [Feb. 24, 2012]

from SCOTXblog

September 2, 2011

How many opinions are left in the pipeline? No opinions today [Sep. 2, 2011]

from SCOTXblog

This article also mentions 4 other cases.

March 31, 2011

Restatement of water rights passes senate

from Lubbock Avalanche-Journal

March 30, 2011

Texas Senate passes groundwater legislation

from Fort Worth Star-Telegram

June 9, 2010

Rule of fracture

from San Antonio Current

April 22, 2010

A Watershed Case

from Texas Tribune

February 18, 2010

Who owns groundwater in the aquifer?

from San Antonio Express-News

February 16, 2010

High Court Hears Texas Water Rights Case

from KUT (NPR)

February 16, 2010

Oral arguments scheduled for Feb. 17 and Feb. 18

from SCOTXblog

This article also mentions 4 other cases.

January 15, 2010

Filling out the February argument sitting

from SCOTXblog

This article also mentions 9 other cases.

November 24, 2008

Cases in the News 11-24-2008 [Updated 11-25]

from SCOTXblog

The article also mentions:
  • ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT v. CITY OF ASPERMONT, TEXAS
  • Opinion

    February 24, 2012

    Hecht
    Jefferson
    Wainwright
    Medina
    Green
    Johnson
    Willett
    Guzman
    Lehrmann

    Justice Hecht delivered the opinion of the Court. PDF

     

    Court of Appeals

    Appellate District:4th Court of Appeals
    Outcome Below:Aff'dPT/Revs'dPT/Remand
    COA Docket No.:04-07-00103-CV
    Opinion Author:Honorable Steven C. Hilbig

    Trial Court

    Trial Court:218th District Court
    County:Atascosa
    Trial Judge:Honorable Donna S. Rayes
    Trial Docket:04-04-0294-CVA

    Docket Entries

    Date Event Outcome  
    2012-08-17 Case Stored  
    2012-08-02 Mandate issued  
    2012-06-13 Corrected Notice sent to all counsel  
    2012-06-08 Motion for Rehearing - Disposed Denied
    2012-06-08 Motion for Rehearing - Disposed Denied
    2012-05-14 Amicus Curiae Brief received  
    2012-04-11 Motion for Extension of Time to File Motion for Rehearing disposed (Petitioner)   Filing granted
    2012-04-11 Motion for Rehearing for pet #2 - Filed  
    2012-04-11 Case forwarded to Court
    2012-04-10 Motion for Rehearing - Filed  
    2012-04-10 Case forwarded to Court
    2012-04-06 Motion for Extension of Time to File Motion for Rehearing (Petitioner)  
    2012-03-20 Amicus Curiae Letter Received  
    2012-03-15 Notice from Counsel of a change in address  
    2012-03-05 Motion for Extension of Time to File Motion for Rehearing disposed (Petitioner)   Filing granted
    2012-03-01 Motion for Extension of Time to File Motion for Rehearing (Petitioner)  
    2012-02-24 Opinion issued   Issued
    2012-02-24 Court approved judgment sent to attorneys of record Issued
    2012-02-24 Opinion issued Court of Appeals' judgment affirmed
    2012-02-24 Opinion issued   Issued
      This case was awaiting the Court's decision after oral argument between December 20, 2011 and February 24, 2012.  
    2011-12-20 Amended Brief filed (Respondent)  
    2011-12-14 Response to Amicus Curiae Brief filed (Respondent)  
    2011-11-03 Amicus Curiae Brief received  
    2011-10-03 Address Change  
    2011-09-12 Address Change (Amicus Curiae)  
    2011-07-28 Letter Filed  
    2011-07-21 Amicus Curiae Letter Received  
    2011-07-14 Phone call from Clerk's Office  
    2011-07-12 Letter brief  
      This case was awaiting the Court's decision after oral argument between November 5, 2010 and July 12, 2011.  
    2010-11-05 Amicus Curiae Brief received  
    2010-10-12 Letter Filed (Amicus Curiae)  
    2010-08-30 Response to Amicus Curiae Brief filed  
      This case was awaiting the Court's decision after oral argument between July 9, 2010 and August 30, 2010.  
    2010-07-09 Amicus Curiae Brief received  
    2010-07-01 Additional Copies received (Respondent)  
    2010-06-28 Response to brief filed (Respondent)  
    2010-06-21 Letter Filed (Amicus Curiae)  
    2010-06-15 Letter Filed (Amicus Curiae)  
    2010-06-10 Post submission brief filed  
    2010-06-10 Response to Amicus Curiae Brief filed (Respondent)  
    2010-06-03 Amicus Curiae Letter Received  
    2010-05-28 Amicus Curiae Brief received  
    2010-05-27 Phone call from Clerk's Office (Amicus Curiae)  
    2010-05-25 Amicus Curiae Letter Received  
    2010-05-13 Additional citations received.  
    2010-05-10 Amicus Curiae Letter Received  
    2010-03-23 Additional Copies received (Respondent)  
    2010-03-18 Response to brief filed (Respondent)  
    2010-03-18 Phone call from Clerk's Office (Respondent)  
    2010-03-05 Post submission brief filed  
    2010-02-17 Phone call from Clerk's Office (Amicus Curiae)  
    2010-02-17 Phone call from Clerk's Office (Amicus Curiae)  
    2010-02-17 Phone call from Clerk's Office (Amicus Curiae)  
    2010-02-17 Oral argument  
    2010-02-17 Oral argument  
    2010-02-17 Oral argument  
    2010-02-16 Amicus Curiae Letter Received
    2010-02-16 Amicus Curiae Letter Received  
    2010-02-16 Amicus Curiae Brief received  
    2010-02-16 Letter Filed  
    2010-02-12 Amicus Curiae Brief received
    2010-02-12 Amicus Curiae Brief received
    2010-02-12 Amicus Curiae Brief received
    2010-02-12 Amicus Curiae Brief received
    2010-02-05 Motion to expand time for oral argument disposed   Denied
    2010-02-04 Amicus Curiae Letter Received  
    2010-02-01 Amicus Curiae Brief received  
    2010-01-29 Response to Motion filed (Respondent)  
    2010-01-26 Motion to expand time for oral argument  
    2010-01-26 Amicus Curiae Brief received
    2010-01-25 Oral Argument Submission Form from Attorney received  
    2010-01-22 Oral Argument Submission Form from Attorney received  
    2010-01-15 Petition for Review disposed
    2010-01-15 Petition for Review granted
    2010-01-15 Case set for oral argument   Case set for oral argument
    2010-01-15 Petition for Review disposed Filing granted
    2010-01-15 Petition for Review disposed
    2010-01-15 Petition for Review granted
    2010-01-15 Petition for Review granted
    2010-01-15 Case set for oral argument   Case set for oral argument
    2010-01-15 Case set for oral argument   Case set for oral argument
    2010-01-12 Amicus Curiae Brief received  
    2009-12-17 Reply brief filed  
    2009-12-17 Reply brief filed  
    2009-12-17 Reply brief filed  
    2009-12-17 Reply brief filed  
    2009-12-15 Amicus Curiae Letter Received  
    2009-12-07 Motion for Extension of Time disposed. (Petitioner)   Filing granted
    2009-12-04 Motion for Extension of Time disposed.   Filing granted
    2009-12-04 Motion for Extension of Time disposed.
    2009-12-04 Motion for extension of time to file brief.  
    2009-12-02 Motion for extension of time to file brief.  
    2009-12-02 Motion for extension of time to file brief.  
    2009-11-16 Motion for Extension of Time disposed.   Filing granted
    2009-11-13 Motion for Extension of Time disposed.
    2009-11-13 Motion for extension of time to file brief.  
    2009-11-13 Motion for Extension of Time disposed.   Filing granted
    2009-11-10 Motion for extension of time to file brief.
    2009-11-10 Motion for extension of time to file brief.  
    2009-11-02 Brief filed (Respondent)  
    2009-11-02 Brief filed (Respondent)  
    2009-11-02 Amicus Curiae Brief received  
    2009-10-30 Brief filed (Respondent)  
    2009-10-30 Brief filed (Respondent)  
    2009-10-27 Amicus Curiae Brief received  
    2009-09-29 Motion for Extension of Time disposed. (Respondent)
    2009-09-29 Motion for Extension of Time disposed. (Respondent)   Filing granted
    2009-09-29 Motion for extension of time to file brief. (Respondent)  
    2009-09-29 Motion for extension of time to file brief. (Respondent)
    2009-09-29 Motion for Extension of Time disposed. (Respondent)
    2009-09-24 Motion for extension of time to file brief. (Respondent)  
    2009-09-18 Brief filed  
    2009-09-18 Brief filed  
    2009-09-18 Brief filed  
    2009-07-31 Motion for Extension of Time disposed. (Petitioner)   Filing granted
    2009-07-30 Motion for extension of time to file brief. (Petitioner)  
    2009-07-29 Case Record Filed  
    2009-07-14 Electronic copies of brief posted to website (Respondent)  
    2009-07-14 Electronic copies of brief posted to website  
    2009-07-08 Motion for Extension of Time disposed. (Petitioner)   Filing granted
    2009-07-07 Motion for extension of time to file brief.  
    2009-07-06 Motion for Extension of Time disposed. (Petitioner)   Filing granted
    2009-07-03 Motion for extension of time to file brief.  
    2009-07-01 Motion for Extension of Time disposed. (Petitioner)   Filing granted
    2009-06-30 Motion for extension of time to file brief.  
    2009-06-19 Record Requested in Petition for Review
    2009-06-19 Brief on the Merits Requested  
    2009-06-18 Supplement to Amicus Curiae  
    2009-06-10 Designation of Lead Counsel (Petitioner)  
    2009-06-09 Supplement to Amicus Curiae  
    2009-06-08 Call received (Amicus Curiae)  
    2009-06-08 Amicus Curiae Brief received  
    2009-05-22 Letter Filed (Respondent)  
    2009-05-20 Reply filed  
    2009-05-20 Reply filed  
    2009-05-06 Response to Petition for Review filed (Respondent)  
    2009-05-05 Amicus Curiae Brief received  
    2009-05-05 Response to Petition for Review filed (Respondent)  
    2009-05-05 Response to Petition for Review filed (Respondent)
    2009-05-04 Notice of Appearance  
    2009-05-04 Additional citations received.  
    2009-05-01 Amicus Curiae Brief received  
    2009-04-29 Amicus Curiae Brief received  
    2009-04-08 Amended Brief filed  
    2009-04-03 Call received (Amicus Curiae)  
    2009-03-30 Motion for Extension of Time disposed.   Filing granted
    2009-03-30 Amicus Curiae Brief received  
    2009-03-26 Motion for Extension of Time to File Response (Respondent)  
    2009-03-23 Motion for Extension of Time disposed.   Filing granted
    2009-03-20 Motion for Extension of Time to File Response (Respondent)  
    2009-03-06 Amicus Curiae Brief received  
    2009-03-05 Supreme Court of Texas Requested Response  
    2009-03-04 Response to Petition for Review filed (Respondent)  
    2009-03-04 Motion for Extension of Time disposed.   Filing granted
    2009-03-03 Motion for Extension of Time to File Response (Respondent)  
    2009-03-03 Amicus Curiae Brief received  
    2009-02-24 Case forwarded to Court
    2009-02-24 Case forwarded to Court
    2009-02-24 Case forwarded to Court
    2009-02-20 Notice of vacation dates.  
    2009-02-18 Response to Petition for Review waived (Respondent)  
    2009-02-02 Petition for Review filed (Petitioner)  
    2009-02-02 Appendix Filed  
    2009-02-02 Appendix Filed  
    2009-02-02 Petition for Review #2 filed (Petitioner)  
    2009-01-30 Appendix Filed  
    2009-01-30 Petition for Review #3 filed (Petitioner)  
    2008-12-19 Second Motion for Extension of Time to File Petition for Review filed (Petitioner)  
    2008-12-19 Second Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
    2008-12-19 Second Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
    2008-12-18 Second Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
    2008-12-18 Second Motion for Extension of Time to File Petition for Review filed (Petitioner)  
    2008-12-18 Second Motion for Extension of Time to File Petition for Review filed (Petitioner)  
    2008-11-20 Motion for Extension of Time to File Petition for Review filed (Petitioner)  
    2008-11-20 Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
    2008-11-20 Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
    2008-11-18 Motion for Extension of Time to File Petition for Review #2 filed (Petitioner)  
    2008-11-14 Motion for Extension of Time to File Petition for Review filed (Petitioner)  
    2008-11-14 Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted

    Parties

    Party Counsel Role
    Day, Burrell
    Mr. Thomas E. Joseph
    Respondent
    Edwards Aquifer Authority
    Ms. Pamela Stanton Baron
    Mr. Andrew S. Miller
    Mr. Hunter Wyatt Burkhalter
    Mr. Mark N. Osborn
    Mr. Darcy Alan Frownfelter
    Petitioner
    The State of Texas
    Mr. David S. Morales
    Mr. Peter Carl Hansen
    Mr. Samuel Robert Wiseman
    Mr. Clarence Andrew Weber
    Mr. James C. Ho
    Honorable Kent C. Sullivan
    Attorney General Greg W. Abbott
    Mr. Brian E. Berwick
    Mr. Kristofer S. Monson
    Petitioner

    Amici Curiae

    Amicus Curiae Counsel
    Combs, Susan
    Ms. Susan Combs
    City of San Antonio
    Mr. Phil Steven Kosub
    City of Amarillo
    Mr. Marcus W. Norris
    Duncan, Robert
    Mr. Robert L. Duncan
    Moden, Merle
    Mr. Merle Moden
    Pacific Legal Foundation
    Mr. J. David Breemer
    Mr. James H. Barrow
    Texas Department of Agriculture
    Ms. Dolores Alvarado Hibbs
    Texas Farm Bureau and Texas Cattle Feeders Association
    Mr. Douglas G. Caroom
    Canadian River Municipal Water Authority
    Mr. Thomas M. Pollan
    The Alliance of EAA Permit Holders
    Mr. Lance Hunter Beshara
    City of El Paso
    Mr. Robert D. Andron
    Marion, Anne Windfohr
    Mr. Dee J. Kelly
    Texas and Southwestern Cattle Raisers Association
    Mr. J.B. Love Jr.
    Texas Alliance of Groundwater Districts
    Mr. William Richard Thompson II
    Bragg, Glenn
    Mr. Gregory S. Coleman
    Mesa Water, L.P.
    Ms Lisa Bowlin Hobbs
    Texas Landowners Council
    Mr. Marvin W. Jones
    City of Lubbock
    Mr. Samuel Abel Medina
    Texas Wildlife Association
    Mr. Russell S. Johnson
    Harris-Galveston Subsidence District
    Mr. C. W. "Rocky" Rhodes
    Texas Farm Bureau
    Mr. Douglas G. Caroom
    City of Victoria
    Mr. Michael J. Booth
    Garcia, Angela
    Mr. Enrique Valdivia
    Ms. Marisa Perales
    Medina County Irrigators Alliance
    Mr. Thomas H. Crofts Jr.
    ...
    ...