AC Interests L.P., Formerly American Coatings, L.P. v. Texas Commission on Environmental Quality

Opinion

ACCEPTED

01-15-00378-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

6/5/2015 8:33:24 AM

CHRISTOPHER PRINE

CLERK

No. 01-15-00378-CV

IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS

FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS AT HOUSTON 6/5/2015 8:33:24 AM CHRISTOPHER A. PRINE

Clerk

AC INTERESTS, L.P. FORMERLY, AMERICAN COATINGS, L.P., Appellant,

v.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Appellee.

On Appeal from the 53rd Judicial District, Travis County, Texas, Cause No. D-1-GN-14-005160

UNOPPOSED FIRST MOTION

FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellee Texas Commission on Environmental Quality (TCEQ) submits this unopposed motion under Rule 38.6(d) of the Texas Rules of Appellate Procedure for an extension of time to file Appellee’s response brief. The deadline for filing Appellee’s brief is June 18, 2015. The TCEQ is requesting a 21-day extension of that deadline to and including July 9, 2015.

The TCEQ is requesting this extension due to demands on its counsel including the responsibility to prepare briefs in case. Cynthia Woelk is co-writing a brief, due June12, 2015, in R.E. Janes Gravel Company v. Texas Commission on Environmental Quality, et al., Cause No. 14-15-000-31-CV, in the Court of Appeals for the Fourteenth District of Texas at Houston. In addition, she is writing a brief, due June 26 in The Upper Trinity Water District and Texas Commission on Environmental Quality v. National Wildlife Federation, No. 01-15-00374-CV, in the Court of Appeals for the First District of Texas at Houston.

No previous extension of time has been requested or granted regarding the Appellee’s brief. This extension is not sought for delay and no party is prejudiced by the extension.

Counsel for Appellant has indicated by email dated June 4, 2015, that the Appellant does not oppose this request for extension.

Accordingly, the TCEQ respectfully requests that the deadline to file its response brief in this matter be extended to and including July 9, 2015.

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

3

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

JON NIERMANN Division Chief

/s/ Cynthia Woelk CYNTHIA WOELK Assistant Attorney General Texas State Bar No. 21836525 cynthia.woelk@texasattorneygeneral.gov

OFFICE OF THE ATTORNEY GENERAL Environmental Protection Div. (MC-066) P.O. Box 1248 Austin, Texas 78711-2548 Tel: (512) 463 - 2012 Fax: (512) 457 - 4613

Attorneys for Appellee Texas Commission on Environmental Quality

4

CERTIFICATE OF CONFERENCE I hereby certify that on June 4, 2015 the undersigned, Cynthia Woelk, counsel for Appellee TCEQ, conferred by e-mail with William Smalling, counsel for Appellant A.C. Interests, L.P., formerly, American Coatings, L.P., on June 4, 2015 and was told that Appellant does not oppose this motion.

/s/ Cynthia Woelk

CYNTHIA WOELK

5

CERTIFICATE OF SERVICE

I hereby certify that on June 5, 2015, a true and correct copy of the foregoing was served on the following counsel electronically through an electronic filing manager or by e-mail:

William Smalling The Law Office of C. William Smalling, PC 1700 Post Oak Blvd., 2 BLVD Place, Suite 600 Houston, Texas 77056 Tel: (713) 513-7153 Fax: (866) 738-0042 bsmalling@billsmallinglaw.com

Attorneys for Appellant, A.C. Interests, L.P., formerly, American Coatings, L.P.

/s/ Cynthia Woelk

CYNTHIA WOELK