Samsung Austin Semiconductor, LLC v. Ken Paxton, Attorney General of Texas, Texas Commission on Environmental Quality; And Kelly Keel, Executive Director of the Texas Commission on Environmental Quality

Opinion

ACCEPTED 15-25-00215-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/4/2025 11:57 AM CAUSE NO. 15-25-00215-CV CHRISTOPHER A. PRINE CLERK

In the Fifteenth Court of Appeals of Texas FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 12/4/2025 11:57:04 AM SAMSUNG AUSTIN SEMICONDUCTOR, LLC, CHRISTOPHER A. PRINE Appellant, Clerk

v.

KEN PAXTON, ATTORNEY GENERAL OF TEXAS, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND KELLY KEEL, EXECUTIVE DIRECTOR OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellees.

On Appeal from the 200th District Court of Travis County, Texas

APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS’S MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Ken Paxton, Attorney General of Texas, asks the Court to extend

the time to file the Appellee’s Brief.

Introduction

1. Appellant is Samsung Austin Semiconductor, LLC.

2. Appellees are Ken Paxton, Attorney General of Texas, and the

Texas Commission on Environmental Quality, and Kelly Keel, Executive

Director of the Texas Commission on Environmental Quality.

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

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3. Counsel for Texas Commission on Environmental Quality, and

Kelly Keel, Executive Director of the Texas Commission on

Environmental Quality and Samsung Austin Semiconductor, LLC, do not

oppose this motion.

Argument & Authorities

4. The Court may grant a motion to extend time under Texas Rule of

Appellate Procedure Rule 10.5(b).

5. Samsung Austin Semiconductor filed the Appellant’s Brief on

December 2, 2025. Thus, the deadline to file this motion to extend is

January 2, 2026.

6. The Office of the Attorney General of Texas requests an additional

thirty-one days to file the Appellee’s Brief, extending the due date to

February 2, 2026.

7. The Office of the Attorney General needs more time to prepare its

brief because of the upcoming Christmas holidays. The Office of the

Attorney General will be closed during some of this time. Undersigned

counsel, and the senior assistant attorneys general who will need to

review and approve the brief will also be on vacation during this time.

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

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8. The Court has not previously granted an extension regarding this

Appellee’s Brief. Prior to transferring the case, the Third Court of

Appeals granted two motions to extend time for Samsung Austin

Semiconductor to file its Appellant’s Brief.

Conclusion & Prayer

9. Due to the upcoming Christmas holiday, Ken Paxton, Attorney

General of Texas, requests an extension of time to file the Appellee’s

brief until February 2, 2026.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

ERNEST C. GARCIA Chief, Administrative Law Division

Martin Cohick State Bar No. 24134042 Assistant Attorney General

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

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OFFICE OF THE ATTORNEY GENERAL OF TEXAS Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1317 martin.cohick@oag.texas.gov ATTORNEYS FOR APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

CERTIFICATE OF CONFERENCE

I certify that on December 3, 2025, I conferred with the attorneys for the Texas Commission on Environmental Quality, Kelly Keel, Executive Director of the Texas Commission on Environmental Quality, and Samsung Austin Semiconductor, LLC. They do not oppose this motion.

Martin Cohick Assistant Attorney General

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

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CERTIFICATE OF SERVICE

I certify that on December 4, 2025, a true and correct copy of the above and foregoing document has been served to the following party of record via electronic service and/or electronic mail:

Danica L. Milios Kimberly Gdula State Bar No. 00791261 State Bar No. 24052209 Jack E. Skaggs Office of the Attorney General State Bar No. 24051345 General Litigation Division Anne Derrig P.O. Box 12548, Capitol Station State Bar No. 24112764 Austin, Texas 78711-2548 Jackson Walker L.L.P. Telephone: (512) 475-4071 100 Congress Avenue, Suite 1100 Facsimile: (512) 320-0667 Austin, Texas 78701 kimberly.gdula@oag.texas.gov Telephone: (512) 236-2000 Facsimile: (512) 236-2002 ATTORNEY FOR DEFENDANTS dmilios@jw.com TCEQ, jskaggs@jw.com AND KELLY KEEL, EXECUTIVE aderrig@jw.com DIRECTOR OF TCEQ

ATTORNEYS FOR PLAINTIFF SAMSUNG AUSTIN SEMICONDUCTOR, LLC

Martin Cohick Assistant Attorney General

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

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.

Paul Pruneda on behalf of Martin Cohick Bar No. 24134042 paul.pruneda@oag.texas.gov Envelope ID: 108715424 Filing Code Description: Motion Filing Description: 2025 1204 OAG Motion to Extend Time Status as of 12/4/2025 12:30 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jack Skaggs jskaggs@jw.com 12/4/2025 11:57:04 AM SENT

Danica Milios dmilios@jw.com 12/4/2025 11:57:04 AM SENT

Kimberly Gdula 24052209 kimberly.gdula@oag.texas.gov 12/4/2025 11:57:04 AM SENT

Martin Cohick 24134042 martin.cohick@oag.texas.gov 12/4/2025 11:57:04 AM SENT

Associated Case Party: Ken Paxton, Attorney General of Texas

Name BarNumber Email TimestampSubmitted Status

Paul Pruneda paul.pruneda@oag.texas.gov 12/4/2025 11:57:04 AM SENT

Associated Case Party: Samsung Austin Semiconductor, LLC

Name BarNumber Email TimestampSubmitted Status

Anne Derrig 24112764 aderrig@jw.com 12/4/2025 11:57:04 AM SENT