Richard A. Hyde, P.E., in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality; And the Texas Commission on Environmental Quality v. Harrison County, Texas

Court of Appeals of Texas

Richard A. Hyde, P.E., in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality; And the Texas Commission on Environmental Quality v. Harrison County, Texas

DecidedDecember 13, 2024

Docket15-24-00014-CV

StatusPublished

This text of Richard A. Hyde, P.E., in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality; And the Texas Commission on Environmental Quality v. Harrison County, Texas (Richard A. Hyde, P.E., in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality; And the Texas Commission on Environmental Quality v. Harrison County, Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richard A. Hyde, P.E., in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality; And the Texas Commission on Environmental Quality v. Harrison County, Texas, (Tex. Ct. App. 2024).

Pincite

Opinion

ACCEPTED 15-24-00014-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/13/2024 2:48 PM Ron Beal CHRISTOPHER A. PRINE Professor Emeritus & Attorney at Law CLERK 2530 Wooddale Circle FILED IN 15th COURT OF APPEALS Waco, TX 76710 AUSTIN, TEXAS (254)-366-4198 12/13/2024 2:48:13 PM ron_beal@baylor.edu CHRISTOPHER A. PRINE Clerk

15th Court of Appeals December 13, 2024 P.O. Box 12852 Austin, TX 78711

Re: TCEQ v. Harrison Cty. Case No: 15-24-00014-CV Amicus Brief

Dear Honorable Justices of the 15th Court of Appeals:

I have received no compensation for the preparation, writing and filing of this amicus brief. I solely write to preserve and protect the fairness and the integrity of the Texas administrative system, particularly the right to a fair contested case proceeding. I know that I am a mere amicus and all the parties, and this Court may ignore my legal analysis of this case. That was done at oral arguments.

However, I have established with absolute clarity that the agency’s final order is void on its face, and the substantial evidence doctrine as currently held by the Texas Supreme Court is inconsistent with the APA and 61 years of Texas Supreme Court precedent that have never been overruled as invalid law by the current Supreme Court!

How can that be ignored? I truly and unfortunately believe it is due to ignorance of counsel. However, that is aided by the fact that since around 2000, the Judiciary, as a whole, has utterly failed to strike down final orders that are void on their face! Why? I simply do not know. I challenge this Court to not follow the conduct of the 3rd Court of Appeals and the Texas Supreme Court over the last 24 years. Valid final orders and a proper scope of review of substantial evidence is critical to provide Texas citizens and entities a fair trial.

Without it we have nothing, and the 1976 miracle of adopting the APA has been destroyed, and thereby, impliedly repealed by ignorance and ambivalence. It truly must stop now. Sincerely, /s/ Ron Beal Ron Beal Professor Emeritus of Law Bar No. 24005041 2530 Wooddale Circle Waco, TX 76710 (254) 366-4198 ron_beal@baylor.edu

CERTIFICATE OF COMPLIANCE I certify that this document was produced on a computer using Microsoft Word and contains 331 words, as determined by the computer’s software’s word count function, excluding the sections of the document listed in Texas Rules of Appellate Procedure 9.4(i)(1). CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on December 13, 2024, by e-file and/or electronic mail in accordance with the Texas Rules of Civil Procedure to the following: Appellant TCEQ Jake Marx J. Amber Ahmed Office of the Attorney General P.O. Box 12548, (MC-066) Austin, TX 78711-2548

Cross Appellant/Appellee: Volvo Cars

James P. Allison 1301 Nueces Street, Suite 201 Austin, TX 78701

/s/ Ron Beal

Ron Beal Bar No. 24005041 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Ronald Beal on behalf of Ronald Beal Bar No. 24005041 ron_beal@baylor.edu Envelope ID: 95306973 Filing Code Description: Letter Filing Description: Letter Status as of 12/13/2024 3:10 PM CST

Associated Case Party: Harrison County

Name BarNumber Email TimestampSubmitted Status

James P. Allison j.allison@allison-bass.com 12/13/2024 2:48:13 PM SENT

Legal Secretary allison.bass@allison-bass.com 12/13/2024 2:48:13 PM SENT

Julia McVey j.mcvey@allison-bass.com 12/13/2024 2:48:13 PM SENT

Susana Naranjo-Padron s.naranjo-padron@allison-bass.com 12/13/2024 2:48:13 PM SENT

Case Contacts

irene tong irene.tong@oag.texas.gov 12/13/2024 2:48:13 PM SENT

Jake Marx jake.marx@oag.texas.gov 12/13/2024 2:48:13 PM SENT

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ACCEPTED 15-24-00014-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/13/2024 2:48 PM Ron Beal CHRISTOPHER A. PRINE Professor Emeritus & Attorney at Law CLERK 2530 Wooddale Circle FILED IN 15th COURT OF APPEALS Waco, TX 76710 AUSTIN, TEXAS (254)-366-4198 12/13/2024 2:48:13 PM ron_beal@baylor.edu CHRISTOPHER A. PRINE Clerk

15th Court of Appeals December 13, 2024 P.O. Box 12852 Austin, TX 78711

Re: TCEQ v. Harrison Cty. Case No: 15-24-00014-CV Amicus Brief

Dear Honorable Justices of the 15th Court of Appeals:

I have received no compensation for the preparation, writing and filing of this amicus brief. I solely write to preserve and protect the fairness and the integrity of the Texas administrative system, particularly the right to a fair contested case proceeding. I know that I am a mere amicus and all the parties, and this Court may ignore my legal analysis of this case. That was done at oral arguments.

However, I have established with absolute clarity that the agency’s final order is void on its face, and the substantial evidence doctrine as currently held by the Texas Supreme Court is inconsistent with the APA and 61 years of Texas Supreme Court precedent that have never been overruled as invalid law by the current Supreme Court!

How can that be ignored? I truly and unfortunately believe it is due to ignorance of counsel. However, that is aided by the fact that since around 2000, the Judiciary, as a whole, has utterly failed to strike down final orders that are void on their face! Why? I simply do not know. I challenge this Court to not follow the conduct of the 3rd Court of Appeals and the Texas Supreme Court over the last 24 years. Valid final orders and a proper scope of review of substantial evidence is critical to provide Texas citizens and entities a fair trial.

Without it we have nothing, and the 1976 miracle of adopting the APA has been destroyed, and thereby, impliedly repealed by ignorance and ambivalence. It truly must stop now. Sincerely, /s/ Ron Beal Ron Beal Professor Emeritus of Law Bar No. 24005041 2530 Wooddale Circle Waco, TX 76710 (254) 366-4198 ron_beal@baylor.edu

CERTIFICATE OF COMPLIANCE I certify that this document was produced on a computer using Microsoft Word and contains 331 words, as determined by the computer’s software’s word count function, excluding the sections of the document listed in Texas Rules of Appellate Procedure 9.4(i)(1). CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on December 13, 2024, by e-file and/or electronic mail in accordance with the Texas Rules of Civil Procedure to the following: Appellant TCEQ Jake Marx J. Amber Ahmed Office of the Attorney General P.O. Box 12548, (MC-066) Austin, TX 78711-2548

Cross Appellant/Appellee: Volvo Cars

James P. Allison 1301 Nueces Street, Suite 201 Austin, TX 78701

/s/ Ron Beal

Ron Beal Bar No. 24005041 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Ronald Beal on behalf of Ronald Beal Bar No. 24005041 ron_beal@baylor.edu Envelope ID: 95306973 Filing Code Description: Letter Filing Description: Letter Status as of 12/13/2024 3:10 PM CST

Associated Case Party: Harrison County

Name BarNumber Email TimestampSubmitted Status

James P. Allison j.allison@allison-bass.com 12/13/2024 2:48:13 PM SENT

Legal Secretary allison.bass@allison-bass.com 12/13/2024 2:48:13 PM SENT

Julia McVey j.mcvey@allison-bass.com 12/13/2024 2:48:13 PM SENT

Susana Naranjo-Padron s.naranjo-padron@allison-bass.com 12/13/2024 2:48:13 PM SENT

Case Contacts

irene tong irene.tong@oag.texas.gov 12/13/2024 2:48:13 PM SENT

Jake Marx jake.marx@oag.texas.gov 12/13/2024 2:48:13 PM SENT

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Bluebook (online)

Richard A. Hyde, P.E., in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality; And the Texas Commission on Environmental Quality v. Harrison County, Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-a-hyde-pe-in-his-official-capacity-as-executive-director-of-texapp-2024.