Supreme Court of Texas Blog

No. 19-1104
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NICKY E. DYER, FLORA HARRELL, EDGAR HOAGLAND, SHIRLEY HOAGLAND, JAMES LANGSTON, JAMES A. LANGSTON, III, LOIS NELSON, BRIAN RODEL, RICHARD WARD, EDWARD A. (ART) WILSON, MONTGOMERY COUNTY, AND CITY OF CONROE v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND TEXCOM GULF DISPOSAL, LLC

A petition was filed on March 5, 2020. Oral argument was held on January 12, 2022. The Court issued an opinion resolving the case on June 10, 2022.

Opinion

June 10, 2022

Hecht
Lehrmann
Boyd
Devine
Blacklock
Busby
Bland
Huddle
Young

Chief Justice Hecht delivered the opinion of the Court.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:03-17-00499-CV
Opinion Author:Honorable Melissa Young Goodwin

Trial Court

Trial Court:345th District Court
County:Travis
Trial Judge:Honorable Timothy M. Sulak
Trial Docket:D-1-GN-11-001898

Entries on SCOTX Orders Lists

Upcoming

Date Event  
2022-06-27 Motion for rehearing due to be filed.

Docket Entries

Date Event Outcome  
2022-06-13 Amicus Curiae Letter Received  
2022-06-10 Opinion issued   Court of appeals' judgment affirmed
2022-06-10 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 10, 2022 and June 10, 2022.  
2022-02-10 Call received  
2022-02-10 Call received  
2022-02-09 Supplemental Letter Brief (Petitioner)  
2022-02-09 Supplemental Letter Brief (Petitioner)  
2022-02-09 Supplemental Letter Brief (Petitioner)  
2022-01-26 Supreme Court requests additional briefing of parties  
2022-01-12 Oral argument  
2022-01-12 Amicus Curiae Letter Received  
2022-01-11 Electronic communication sent to Party  
2022-01-11 Exhibits in case/cause filed (Petitioner)  
2022-01-07 Submission Schedule
2022-01-07 Letter Filed  
2022-01-07 Letter Filed  
2022-01-03 Letter sent to parties from Supreme Court - See Remarks  
2021-12-28 Oral Argument Submission Form from Attorney received  
2021-12-28 Oral Argument Submission Form from Attorney received  
2021-12-28 Oral Argument Submission Form from Attorney received  
2021-12-06 Notice of Appearance  
2021-11-19 Petition for Review granted
2021-11-19 Petition for Review disposed Filing granted
2021-11-19 Case set for oral argument   Case set for oral argument
2021-10-04 Notice from Counsel of a change in address  
2021-10-04 Reply Brief (Petitioner)  
2021-10-04 Reply Brief (Petitioner)  
2021-08-30 Motion for Extension of Time disposed.   Filing granted
2021-08-27 Motion for Extension of Time to File Brief filed  
2021-07-28 Motion for Extension of Time disposed.   Filing granted
2021-07-28 Motion for Extension of Time to File Brief filed  
2021-07-22 Amicus Curiae Letter Received  
2021-07-19 Brief on the Merits (Respondent)  
2021-07-19 Brief on the Merits (Respondent)  
2021-07-13 Notice of Appearance  
2021-07-07 Motion for Extension of Time disposed.   Filing granted
2021-07-06 Motion for Extension of Time to File Brief filed  
2021-06-09 Motion for Extension of Time to File Brief filed  
2021-06-09 Motion for Extension of Time disposed.   Filing granted
2021-05-06 Call received  
2021-05-06 Motion for Extension of Time to File Brief filed  
2021-05-06 Motion for Extension of Time disposed.   Filing granted
2021-04-19 Call received  
2021-04-19 Brief on the Merits (Petitioner)  
2021-04-19 Brief on the Merits (Petitioner)  
2021-03-17 Electronic communication sent to Party  
2021-03-17 Motion for Extension of Time to File Brief filed  
2021-03-17 Electronic communication received from Party  
2021-03-17 Motion for Extension of Time disposed.   Filing granted
2021-02-11 Motion for Extension of Time disposed.   Filing granted
2021-02-10 Motion for Extension of Time to File Brief filed  
2021-01-26 Record Received (See Remarks)  
2021-01-19 Call received  
2021-01-15 Amicus Curiae Letter Received  
2021-01-15 Brief on the Merits Requested  
2021-01-13 Call received  
2020-12-11 Brief on the Merits Requested  
2020-12-07 Reply to Response (Petitioner)  
2020-11-09 Letter Filed  
2020-11-02 Motion to Extend Time to File Reply filed  
2020-11-02 MET to file reply disposed of   Filing granted
2020-10-22 Amicus Curiae Letter Received  
2020-10-21 Response to Petition (Respondent)  
2020-09-16 Motion for Extension of Time to File Response disposed   Filing granted
2020-09-15 Motion for Extension of Time to File Response  
2020-08-21 Supreme Court of Texas Requested Response  
2020-07-28 Letter Filed  
  This case was waiting for a decision about briefing or a possible grant between May 12, 2020 and July 28, 2020.  
2020-05-12 Case forwarded to Court
2020-05-08 Amicus Curiae Brief received  
2020-05-06 Reply to Response to Petition filed (Petitioner)  
2020-04-06 Motion to Extend Time to File Reply filed  
2020-04-06 MET to file reply disposed of   Filing granted
2020-04-02 Response Waiver filed  
2020-03-30 Amicus Curiae Letter Received  
2020-03-27 Call received  
2020-03-27 Electronic communication sent to Party  
2020-03-25 Response to Petition (Respondent)  
2020-03-09 Call received  
2020-03-09 Corrected Petition (Petitioner)  
2020-03-06 Adoption by another party of brief already filed  
2020-03-05 Petition for Review (Petitioner)  
2020-01-29 Second Motion for Extension of Time to File Petition for Review filed  
2020-01-29 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-12-26 Amicus Curiae Letter Received  
2019-12-18 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-12-18 Court reporter/recorder's record
2019-12-18 Supplement to Clerk's/Reporter's Record
2019-12-18 Court reporter/recorder's record
2019-12-18 Motion for Extension of Time to File Petition for Review filed  
2019-12-18 Court reporter/recorder's record
2019-12-18 Court reporter/recorder's record
2019-12-18 Clerk's Record

Parties

Party Counsel Role
TexCom Gulf Disposal, LLC
Mr. Dale Wainwright
John Aloysius Riley
Mr. Paul C. Sarahan
 Respondent
Ward, Edwain A. (Art)
Mr. Kevin Andrew Forsberg
 Petitioner
Ward, Richard
Mr. Kevin Andrew Forsberg
 Petitioner
Texas Commission on Environmental Quality
Mr. Bill Davis
Mr. Shawn Cowles
Mr. Brent Webster
Ms. Priscilla M. Hubenak
Atty. Gen. W. Kenneth Paxton Jr.
Mr. S. Grant Dorfman
Ms. Linda B. Secord
 Respondent
Hoagland, Shirley
Mr. Kevin Andrew Forsberg
Ms. Angela C Zambrano
 Petitioner
Bryan W. Shaw, in his Official Capacity as TCEQ Chairman
 
 Respondent
Nelson, Lois
Mr. Kevin Andrew Forsberg
 Petitioner
Carlos Rubenstein, in his Official Capacity as TCEQ Commissioner
 
 Respondent
Buddy Garcia, in his Official Capacity as TCEQ Commissioner
 
 Respondent
Rodel, Brian
Mr. Kevin Andrew Forsberg
 Petitioner
Harrell, Flora
Mr. Kevin Andrew Forsberg
 Petitioner
Langston, III, James A.
Mr. Kevin Andrew Forsberg
 Petitioner
City of Conroe
Mr. Mark N. Osborn
Ms. Deborah Clarke Trejo
Mr. Andrew S. Miller
Ms. Amy Warr
 Petitioner
Langston, James
Mr. Kevin Andrew Forsberg
 Petitioner
Dyer, Nicky E.
Mr. Kevin Andrew Forsberg
 Petitioner
Hoagland, Edgar
Mr. Kevin Andrew Forsberg
 Petitioner
Denbury Onshore, LLC
Ms. Angela C Zambrano
Mr. Robert Scott Velevis
Mr. J. Stephen Ravel
Ms. Diana L. Nichols
 Other Interested Party
Montgomery County
Ms. Amy Warr
Ms. Deborah Clarke Trejo
Mr. Mark N. Osborn
Mr. Andrew S. Miller
 Petitioner
Bank of America, N.A., Trustee for Sabine Royalty Trust
Mr. James A. Holmes
 Other Interested Party

Amici Curiae

Amicus Curiae Counsel
Bennett, J. Bruce
Mr. J. Bruce Bennett
Beal, Ron
Mr. Ron Beal
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