Supreme Court of Texas Blog

No. 11-0729
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY v. CITY OF WACO

Oral argument was held on February 28, 2013. The Court issued an opinion resolving the case on August 23, 2013. It then denied rehearing on November 22, 2013 File Closed

In the news...

Tracking 4 articles about this case.

September 20, 2013

Five grants today; one opinion [Sep. 20, 2013]

from SCOTXblog

This article also mentions 7 other cases.

The Court has issued opinions:

August 24, 2013

Texas Supreme Court negates Waco’s standing in dairy permit hearings

from Waco Tribune

August 23, 2013

8 Decisions, 10 Grants, and More [Aug. 23, 2013]

from SCOTXblog

This article also mentions 17 other cases.

Opinion

August 23, 2013

Devine
Jefferson
Hecht
Green
Johnson
Willett
Guzman
Lehrmann
Boyd

Justice Devine delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Reversed & Remanded
COA Docket No.:03-09-00005-CV
Opinion Author:Honorable Robert Harrison Pemberton

Trial Court

Trial Court:201st District Court
County:Travis
Trial Judge:Honorable Darlene Byrne
Trial Docket:D-l-GV-08-000405

Docket Entries

Date Event Outcome  
2014-01-17 Case Stored  
  This case was waiting for a possible rehearing motion between November 22, 2013 and January 17, 2014.  
2013-11-22 Letter sent to parties from Supreme Court - See Remarks  
2013-11-22 Motion for Rehearing - Disposed Denied
2013-11-22 Mandate issued  
2013-10-10 Response Waiver filed  
2013-10-07 Motion for Rehearing  
2013-10-07 Amicus Curiae Brief received  
2013-10-07 Case forwarded to Court
2013-09-05 Motion for Extension of Time to File Motion for Rehearing  
2013-09-05 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2013-08-23 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2013-08-23 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between March 27, 2013 and August 23, 2013.  
2013-03-27 Post submission brief filed (Petitioner)  
2013-03-15 Amicus Curiae Letter Received  
2013-03-14 Amicus Curiae Letter Received  
2013-03-12 Call received  
2013-03-08 Post submission brief filed (Respondent)  
2013-02-28 Oral argument  
2013-02-27 Amicus Curiae Brief received  
2013-02-15 Letter sent to parties from Supreme Court - See Remarks  
2013-02-12 Oral Argument Submission Form from Attorney received  
2013-02-12 Oral Argument Submission Form from Attorney received  
2013-02-01 Case set for oral argument   Case set for oral argument
2013-02-01 Petition for Review granted
2013-02-01 Motion for Rehearing - Disposed Filing granted
2013-02-01 Previous Order of the Court withdrawn  
2013-02-01 Petition Reinstated
2013-02-01 Petition for Review disposed Filing granted
  This case was waiting for a decision about a pending motion for rehearing between November 2, 2012 and February 1, 2013.  
2012-11-02 Reply to Response to Motion for Rehearing filed (Petitioner)  
2012-10-17 Amicus Curiae Brief received  
2012-10-17 Call received  
2012-10-15 Response to Motion for Rehearing (Respondent)  
2012-10-09 Motion for Extension of Time disposed.   Filing granted
2012-10-08 Motion for Extension of Time to File Response  
2012-09-21 Supreme Court of Texas Requested Response  
2012-08-23 Amicus Curiae Letter Received  
2012-08-21 Corrected Brief (Amicus Curiae)  
2012-08-21 Case forwarded to Court
2012-08-20 Amicus Curiae Brief received  
2012-08-15 Motion for Rehearing  
2012-07-06 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2012-06-29 Motion for Extension of Time to File Motion for Rehearing  
2012-06-29 Petition for Review disposed Denied
2012-06-13 Notice from attorney regarding vacation dates  
2012-06-05 Reply Brief (Petitioner)  
2012-06-01 Amicus Curiae Brief received  
2012-05-25 Motion for Extension of Time disposed.   Filing granted
2012-05-21 Motion for Extension of Time to File Brief filed  
2012-05-16 Amicus Curiae Letter Received  
2012-05-11 Brief on the Merits (Respondent)  
2012-04-16 Motion for Extension of Time disposed.   Filing granted
2012-04-16 Motion for Extension of Time to File Brief filed  
2012-03-27 Brief on the Merits (Petitioner)  
2012-03-27 Motion to Consolidate disposed   Denied
2012-03-20 Reply to Response to Motion  
2012-03-12 Response to Motion filed  
2012-03-09 Designation of Lead Counsel  
2012-03-09 Call received  
2012-03-08 Call received  
2012-03-02 Phone call from Clerk's Office  
2012-03-02 Motion to Consolidate filed  
2012-02-03 Case Record Filed  
2012-02-03 Motion for Extension of Time disposed.   Filing granted
2012-02-03 Amicus Curiae Letter Received  
2012-02-03 Motion for Extension of Time to File Brief filed  
2012-01-31 Record Requested in Petition for Review
2012-01-27 Brief on the Merits Requested  
2011-12-13 Reply to Response (Petitioner)  
2011-11-23 MET to file reply disposed of   Filing granted
2011-11-21 Motion to Extend Time to File Reply filed  
2011-11-14 Response to Petition (Respondent)  
2011-10-14 Supreme Court of Texas Requested Response  
2011-09-27 Case forwarded to Court
2011-09-22 Response Waiver filed  
2011-09-16 Petition for Review (Petitioner)  
2011-09-16 Appendix Filed (Petitioner)  

Parties

Party Counsel Role
Texas Commission on Environmental Quality
Mr. William J. "Bill" Cobb III
Attorney General Greg W. Abbott
Ms. Barbara Bryant Deane
Mr. David Preister
Ms. Elaine M. Lucas
Mr. Jonathan Karl Niermann
Mr. Anthony C. Grigsby
Mr. Robert Davis Brush
Mr. Daniel T. Hodge
Mr. John Barrett Scott
Mr. Mark Lewis Walters
Mr. David C. Mattax
Ms. Nancy Elizabeth Olinger
Petitioner
City of Waco
Mr. Wesley David Lloyd
Ms. Enid Allyn Patterson Wade
Mr. Kerry L. Haliburton
Mr. Steven Greg White
Respondent

Amici Curiae

Amicus Curiae Counsel
Beal, Ron
Mr. Ron Beal
Coastal Conservation Association
Mr. P. M. Schenkkan
Ms. Robin A. Melvin
Mont Belvieu Caverns, LLC
Ms. Rosemarie Kanusky
Texans for Lawsuit Reform
Mr. Hugh Rice Kelly
Texas Association of Business
Mr. Thomas R. Phillips
Mr. Evan Andrew Young
Mr. Carlos R. Romo
Texas Farm Bureau
Ms. Emily Willms Rogers
Greater Waco Chamber
Ms. Julia Brooks Jurgensen
...
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