Supreme Court of Texas Blog

No. 23-0244
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS AND SIERRA CLUB

A petition was filed on May 18, 2023. The Court requested full merits briefing on June 21, 2024. The Court granted review on May 30, 2025. The case has not yet been heard at oral argument.

No Opinions Yet

The Court has not issued any opinions in this case.

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:03-21-00256-CV
Opinion Author:Honorable Chari Kelly

Trial Court

Trial Court:53rd District Court
County:Travis
Trial Judge:Honorable Jan Soifer
Trial Docket:D-1-GN-19-006941

Upcoming

Date Event  
2025-09-09 Oral Argument Scheduled  

Docket Entries

Date Event Outcome  
2025-08-27 Designation of Lead Counsel  
2025-08-27 Oral Argument Submission Form from Attorney received  
2025-08-25 Oral Argument Submission Form from Attorney received  
2025-08-25 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between May 30, 2025 and August 25, 2025.  
2025-05-30 Case set for oral argument   Case set for oral argument
2025-05-02 Motion to withdraw disposed of   Filing granted
2025-04-24 Motion to Withdraw Filed  
2025-04-04 Petition for Review granted
2025-04-04 Petition for Review disposed   Filing granted
  This case was waiting for a possible rehearing motion between January 9, 2025 and April 4, 2025.  
2025-01-09 Reply Brief (Petitioner)  
2024-12-31 Call received  
2024-12-31 Motion for Extension of Time disposed.   Filing granted
2024-12-31 Motion for Extension of Time to File Brief filed  
2024-12-31 Electronic communication sent to Party  
2024-12-02 Motion for Extension of Time to File Brief filed  
2024-12-02 Motion for Extension of Time disposed.   Filing granted
2024-11-18 Brief on the Merits (Respondent)  
2024-11-18 Sealed document filed in case  
2024-11-18 Brief on the Merits (Respondent)  
2024-11-15 Notice from Counsel of a change in address  
2024-11-05 Pro hac vice motion disposed   Filing granted
2024-11-05 Pro hac vice motion disposed   Filing granted
2024-11-05 Pro hac vice motion filed  
2024-11-05 Phone call from Clerk's Office  
2024-10-29 Pro hac vice motion filed  
2024-10-23 Motion to file document(s) sealed by the Court disposed.   Filing granted
2024-10-22 Motion to file document(s) sealed by the Court filed  
2024-10-02 Motion for Extension of Time disposed.   Filing granted
2024-10-02 Motion for Extension of Time to File Brief filed  
2024-10-01 Call received  
2024-09-27 Brief on the Merits (Petitioner)  
2024-09-20 Motion for Extension of Time disposed.   Filing granted
2024-09-18 Motion for Extension of Time to File Brief filed  
2024-08-12 Motion for Extension of Time to File Brief filed  
2024-08-12 Motion for Extension of Time disposed.   Filing granted
2024-07-08 Motion for Extension of Time to File Brief filed  
2024-07-08 Motion for Extension of Time disposed.   Filing granted
2024-06-21 Brief on the Merits Requested  
2024-06-21 Petition Reinstated
2024-06-21 Previous Order of the Court withdrawn  
2024-06-21 Motion for Rehearing - Disposed Filing granted
2024-05-13 Response to Brief filed (Respondent)  
2024-04-16 Amicus Curiae Brief received  
2024-03-22 Reply to Response to Motion for Rehearing filed (Petitioner)  
2024-03-21 Response to Motion for Rehearing (Respondent)  
2024-03-08 Response to Motion for Rehearing (Respondent)  
2024-03-06 Motion for Extension of Time to File Response  
2024-03-06 Motion for Extension of Time to File Response disposed   Filing granted
2024-03-04 Designation of Lead Counsel  
2024-02-23 Supreme Court of Texas Requested Response  
2024-01-23 Case forwarded to Court
2024-01-16 Motion for Rehearing  
2023-12-28 Motion for Extension of Time to File Motion for Rehearing  
2023-12-28 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-12-15 Petition for Review disposed Denied
  This case was waiting for a decision about briefing or a possible grant between September 29, 2023 and December 15, 2023.  
2023-09-29 Reply to Response to Petition filed (Petitioner)  
2023-09-21 MET to file reply disposed of   Filing granted
2023-09-21 Motion to Extend Time to File Reply filed  
2023-09-06 Response to Petition (Respondent)  
2023-09-05 Response to Petition (Respondent)  
2023-07-25 Motion for Extension of Time to File Response  
2023-07-25 Motion for Extension of Time to File Response disposed   Filing granted
2023-07-07 Supreme Court of Texas Requested Response  
2023-06-06 Case forwarded to Court
2023-06-02 Response Waiver filed  
2023-05-22 Response Waiver filed  
2023-05-18 Petition for Review (Petitioner)  
2023-05-01 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2023-04-28 Second Motion for Extension of Time to File Petition for Review filed  
2023-03-29 Court reporter/recorder's record
2023-03-29 Motion for Extension of Time to File Petition for Review filed  
2023-03-29 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2023-03-29 Clerk's Record

Parties

Party Counsel Role
Ken Paxton, Attorney General of Texas
The Honorable Samuel Dorfman
Ms. Kathy Johnson
Mr. John B. Scott
Mr. Brent Webster
Mr. Shawn Cowles
Mr. Ernest C. Garcia
Respondent
Texas Commission on Environmental Quality
Mr. William Wassdorf
The Honorable Samuel Dorfman
Mr. Ralph Molina
Mr. Christopher Hilton
Mr. James Lloyd
Mr. Brent Webster
Mr. Shawn Cowles
Atty. Gen. W. Kenneth Paxton Jr.
Petitioner
Sierra Club
Mr. William G. Christian III
Emma Cheuse
Kathleen Riley
Ilan M Levin
Respondent

Amici Curiae

Amicus Curiae Counsel
The Texas Association of Counties
Ms. Meredith Prykryl Walker
Texas Association of School Boards Legal Assistance Fund
Ms. Meredith Prykryl Walker
The Texas Municipal League
Ms. Meredith Prykryl Walker
The Texas Conference of Urban Counties
Ms. Meredith Prykryl Walker
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