Supreme Court of Texas Blog

No. 19-1108
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND DOS REPÚBLICAS COAL PARTNERSHIP v. MAVERICK COUNTY, CITY OF EAGLE PASS, ENVIRONMENTAL DEFENSE FUND, WALTER HERRING, ERNESTO IBARRA, GABRIEL DE LA CERDA, MIKE HERNANDEZ, BOULWARE AND ANSON FAMILY, LTD., AND MAVERICK COUNTY ENVIRONMENTAL AND PUBLIC HEALTH ASSOCIATION

Oral argument was held on October 27, 2021. The Court issued an opinion resolving the case on February 11, 2022. It then denied rehearing on April 22, 2022 File Closed

Opinion

February 11, 2022

Blacklock
Hecht
Lehrmann
Boyd
Devine
Busby
Bland
Huddle
Young

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

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Vacated/Affirm in part
COA Docket No.:03-17-00785-CV
Opinion Author:Honorable Melissa Young Goodwin

Trial Court

Trial Court:250th District Court
County:Travis
Trial Judge:Honorable Karin R. Crump
Trial Docket:D-1-GN-16-005038

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2022-04-22 Motion for Rehearing - Disposed Denied
2022-04-22 Mandate issued  
  This case was waiting for a decision about a pending motion for rehearing between February 28, 2022 and April 22, 2022.  
2022-02-28 Motion for Rehearing  
2022-02-28 Case forwarded to Court
2022-02-11 Court approved judgment sent to attorneys of record Issued
2022-02-11 Opinion issued Issued
2022-02-11 Opinion issued   Court of Appeals' judgment reversed and remanded to Court of Appeals
  This case was awaiting the Court's decision after oral argument between October 27, 2021 and February 11, 2022.  
2021-10-27 Oral argument  
2021-10-27 Oral argument  
2021-10-26 Exhibits in case/cause filed (Respondent)  
2021-10-22 Submission Schedule
2021-10-18 Oral Argument Submission Form from Attorney received  
2021-10-13 Oral Argument Submission Form from Attorney received  
2021-10-08 Miscellaneous motion disposed. See Remarks.   Denied
2021-09-29 Miscellaneous Motion  
2021-09-29 Oral Argument Submission Form from Attorney received  
2021-09-29 Oral Argument Submission Form from Attorney received  
2021-09-29 Oral Argument Submission Form from Attorney received  
2021-09-10 Oral Argument Submission Form from Attorney received  
2021-09-09 Notice of Appearance  
2021-09-01 Letter sent to parties from Supreme Court - See Remarks  
  This case was waiting for oral argument between July 9, 2021 and September 1, 2021.  
2021-07-09 Submission reset   Case set for oral argument
2021-07-09 Motion to re-set submission date disposed   Filing granted
2021-07-09 Submission reset   Case set for oral argument
2021-07-08 Letter Filed  
2021-07-06 Motion to re-set submission date filed.  
2021-07-06 Call received  
2021-07-01 Call received  
2021-07-01 Designation of Lead Counsel  
2021-06-25 Case set for oral argument   Case set for oral argument
2021-06-25 Case set for oral argument   Case set for oral argument
2021-06-11 Petition for Review granted
2021-06-11 Petition for Review disposed   Filing granted
2021-06-11 Petition for Review disposed   Filing granted
2021-06-11 Petition for Review granted
  This case was pending on merits briefs between March 5, 2021 and June 11, 2021.  
2021-03-05 Record Received (See Remarks)
2021-03-03 Electronic communication sent to Party  
2021-02-25 Reply Brief  
2021-02-25 Reply Brief  
2021-02-23 Phone call from Clerk's Office  
2021-02-22 Call received  
2021-01-15 Reply to Response to Motion  
2021-01-15 Motion for Extension of Time disposed.   Filing granted
2021-01-15 Electronic communication sent to Party  
2021-01-15 Call received  
2021-01-15 Response to Motion filed  
2021-01-15 Motion for Extension of Time disposed.   Filing granted
2021-01-15 Electronic communication received from Party  
2021-01-14 Electronic communication sent to Party  
2021-01-14 Motion for Extension of Time to File Brief filed  
2021-01-14 Electronic communication received from Party  
2021-01-13 Motion for Extension of Time to File Brief filed  
2021-01-11 Brief on the Merits (Respondent)  
2021-01-11 Brief on the Merits (Respondent)  
2020-12-11 Brief on the Merits  
2020-12-11 Brief on the Merits  
2020-11-13 Motion for Extension of Time disposed.   Filing granted
2020-11-12 Motion for Extension of Time disposed.   Filing granted
2020-11-12 Call received  
2020-11-12 Motion for Extension of Time to File Brief filed  
2020-11-10 Motion for Extension of Time to File Brief filed  
  This case was pending on merits briefs between September 18, 2020 and November 10, 2020.  
2020-09-18 Motion for Extension of Time disposed.   Filing granted
2020-09-17 Motion for Extension of Time to File Brief filed  
2020-09-09 Call received  
2020-09-09 Motion for Extension of Time disposed.   Filing granted
2020-09-08 Motion for Extension of Time to File Brief filed  
2020-08-28 Brief on the Merits Requested  
2020-08-07 Reply to Response (Petitioner)  
2020-08-07 Phone call from Clerk's Office  
2020-08-07 Phone call from Clerk's Office  
2020-07-09 MET to file reply disposed of   Filing granted
2020-07-09 Motion to Extend Time to File Reply filed  
2020-06-26 MET to file reply disposed of   Filing granted
2020-06-19 Motion to Extend Time to File Reply filed  
2020-06-18 Reply to Response  
2020-06-03 Response to Petition (Respondent)  
2020-06-03 Response to Petition (Respondent)  
2020-05-01 Amicus Curiae Letter Received  
2020-04-30 Motion for Extension of Time to File Response disposed   Filing granted
2020-04-30 Motion for Extension of Time to File Response  
2020-04-03 Supreme Court of Texas Requested Response  
2020-03-04 Amicus Curiae Letter Received  
2020-03-03 Case forwarded to Court
2020-03-03 Case forwarded to Court
2020-02-28 Response Waiver filed  
2020-02-28 Response Waiver filed  
2020-01-30 Call received  
2020-01-29 Petition for Review (Petitioner)  
2020-01-29 Petition for Review #2  
2020-01-27 Designation of Lead Counsel  
2019-12-30 Designation of Lead Counsel  
2019-12-30 Motion for Extension of Time to File Petition for Review #2 filed  
2019-12-30 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-12-19 Court reporter/recorder's record
2019-12-19 Supplement to Clerk's/Reporter's Record
2019-12-19 Court reporter/recorder's record
2019-12-19 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-12-19 Clerk's Record
2019-12-18 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Texas Commission on Environmental Quality
Mr. Shawn Cowles
Mr. Bill Davis
Mr. Judd E. Stone II
Mr. S. Grant Dorfman
Mr. Brent Webster
Ms. Cynthia Woelk
Mr. Daniel C. Wiseman
Ms. Linda B. Secord
Ms. Priscilla M. Hubenak
Mr. Jeffrey C. Mateer
The Honorable Warren Kenneth Paxton
Mr. Darren Lee McCarty
 Petitioner
Maverick County Environmental and Public Health Association
Robert Banse III
Mr. Paul Robert Tough
Mr. Adam Friedman
Mr. Thomas M. Weber
 Respondent
Maverick County
Mr. David O. Frederick
 Respondent
Dos Repúblicas Coal Partnership
Ms. Heather Heartfield
Ms. Jennifer Caughey
Mr. William (Bill) J. Cobb III
Mr. Leonard H. Dougal
Ali Abazari
 Petitioner
Environmental Defense Fund
Robert Banse III
Mr. Paul Robert Tough
Mr. Adam Friedman
Mr. Thomas M. Weber
 Respondent
De La Cerda, Gabriel
Robert Banse III
Mr. Adam Friedman
Mr. Paul Robert Tough
Mr. Thomas M. Weber
 Respondent
City of Eagle Pass
Robert Banse III
Mr. Thomas M. Weber
Mr. Paul Robert Tough
Mr. Adam Friedman
 Respondent
Ibarra, Ernesto
Robert Banse III
Mr. Adam Friedman
Mr. Paul Robert Tough
Mr. Thomas M. Weber
 Respondent
Hernandez, Mike
Robert Banse III
Mr. Adam Friedman
Mr. Paul Robert Tough
Mr. Thomas M. Weber
 Respondent
Boulware and Anson Family, Ltd.
Robert Banse III
Mr. Adam Friedman
Mr. Paul Robert Tough
Mr. Thomas M. Weber
 Respondent
Herring, Walter
Robert Banse III
Mr. Adam Friedman
Mr. Paul Robert Tough
Mr. Thomas M. Weber
 Respondent

Amici Curiae

Amicus Curiae Counsel
The Texas Poultry Federation
Ms. Courtney Cox Smith
Mr. James D. Bradbury
The Texas Association of Dairymen
Mr. James D. Bradbury
Ms. Courtney Cox Smith
The Texas Cattle Feeders Association
Mr. James D. Bradbury
Ms. Courtney Cox Smith
The Texas Pork Producers Assoc
Mr. James D. Bradbury
Ms. Courtney Cox Smith
The Texas Farm Bureau
Mr. James D. Bradbury
Ms. Courtney Cox Smith
The Texas Egg Council
Mr. James D. Bradbury
Ms. Courtney Cox Smith
Texas Water Conservation Association
Ms. Stacey Steinbach
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