Texas Commission on Environmental Quality v. Exxon Mobil Corporation ExxonMobil Oil Corporation Pennzoil-Quaker State Company and Shell Oil Company

Opinion

ACCEPTED 03-14-00667-CV 4179841 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/17/2015 3:14:08 PM JEFFREY D. KYLE CLERK No. 03-14-00667-CV

FILED IN IN THE 3rd COURT OF APPEALS AUSTIN, TEXAS 2/17/2015 3:14:08 PM THIRD COURT OF APPEALS JEFFREY D. KYLE Clerk

AT AUSTIN

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellant, v. EXXON MOBIL CORPORATION, EXXONMOBIL OIL CORPORATION, PENNZOIL-QUAKER STATE COMPANY AND SHELL OIL COMPANY, Appellees.

Appealed from the 345th Judicial District Court of Travis County, Texas

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF

TO THE HONORABLE COURT OF APPEALS:

Pursuant to Rules 10.5(b)(1) and 38.6(d), Appellant the Texas Commis-

sion on Environmental Quality files this first unopposed motion for an

extension of time and respectfully requests a 12-day extension of time,

until and through March 2, 2015, to file its Reply Brief.

1. The current deadline for filing Appellant’s Reply Brief is Wednes- day, February 18, 2015.

2. Appellant requests a 12-day extension, until March 2, 2015.

3. No previous extensions have been granted regarding this brief.

4. Oral argument has been set for March 11, 2015, at 1:30 p.m.

5. An extension until March 2, 2015, is not opposed by Appellees.

6. This motion is requested for the following reasons:

a. Assistant Attorney General Linda Secord suffered a broken

ankle, which required surgery on January 6, 2015, and has been unable

to work effectively since that date. Her first partial day back in the

office was February 12; she is not expected to return full-time before

March 15, 2015. Her legal knowledge and expertise are essential to the

State’s briefing in this complex and important case. Her participation

will allow the State to make the best possible presentation of the

issues, including several issues of first impression, for the Court’s

consideration.

b. Assistant Attorney General Craig Pritzlaff has a deadline of

2 Tuesday, February 17, 2015, to file a reply brief in State of Texas v.

Bernard Morello, D-1-GV-06-000627, in the 353rd Judicial District Court

of Travis County. He has a Motion for Summary Judgment set for

Thursday, February 19, 2015, in that case, seeking to recover civil

penalties for violations of environmental law and regulations. He has

not been able to assist with the briefing on this appeal.

7. No trial date has been set in the trial court, and no scheduling

order is in place in the trial court that would be impacted by an extension

of time to consider this appeal.

PRAYER

For the reasons stated above, Appellant the Texas Commission on

Environmental Quality prays that the Court grant a 12-day extension, until

March 2, 2015, for the State to file its Reply Brief.

Respectfully submitted this 17th day of February 2015.

KEN PAXTON Attorney General of Texas

3 CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

JON NIERMANN Chief, Environmental Protection Division

/s/ Thomas H. Edwards THOMAS H. EDWARDS Assistant Attorney General Tex. Bar No. 06461800 Thomas.Edwards@TexasAttorney General.gov

CRAIG J. PRITZLAFF Assistant Attorney General Tex. Bar No. 24046658 Craig.Pritzlaff@TexasAttorney General.gov

LINDA SECORD Assistant Attorney General Tex. Bar No. 17973400 Linda.Secord@TexasAttorney General.gov

4 Office of the Attorney General Environmental Protection Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Tel: (512) 463-2012 Fax: (512) 320-0911

ATTORNEYS FOR APPELLANT, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CERTIFICATE OF CONFERENCE

On February 13-16, 2015, the undersigned conferred with Adam Sencenbaugh, counsel for Appellees, and Mr. Sencenbaugh confirmed that this motion is not opposed.

/s/ Thomas H. Edwards THOMAS H. EDWARDS

5 CERTIFICATE OF SERVICE

I, Thomas H. Edwards, do hereby certify that a true and correct copy of the foregoing document was served by electronic service on the following parties or attorneys of record on the 17th day of February, 2015, and by email the same day.

Attorneys Parties

John R. Eldridge Exxon Mobil Corporation, HAYNES AND BOONE, L.L.P. ExxonMobil Oil Corporation, 1221 McKinney St., Ste. 2100 Pennzoil-Quaker State Company Houston TX 77010-2020 and Shell Oil Company Telephone: (713) 547-2000 Facsimile: (713) 547-2600 John.Eldridge@haynesboone.com

Adam H. Sencenbaugh ” HAYNES AND BOONE, L.L.P. 600 Congress Ave., Ste. 1300 Austin TX 78701-2579 Telephone: (512) 867-8489 Telecopier: (512) 867-8606 Adam.Sencenbaugh@ haynesboone.com

Janessa M. Glenn Cabot Norit Americas, Inc. R. Steven Morton MOLTZ MORTON & GLENN, LLP 5113 Southwest Pkwy, Ste. 120 Austin TX 78735-8969 jglenn@mmandg.com

6 John E. Leslie Howard Freilich, d/b/a Quick Stop JOHN LESLIE * PLLC Brake and Muffler 1216 Florida Dr., Ste. 140 Arlington TX 76015-2393 Tel: (817) 505-1291 Arlingtonlaw@aol.com

Cynthia J. Bishop Baxter Oil Service C BISHOP LAW PC P.O. Box 612994 Dallas TX 75261-2994 cbishop@cbishoplaw.com

Paul Craig Laird II Frank Kosar, d/b/a Rite Way ASHLEY & LAIRD, L.C. Truck Rental 800 W. Airport Fwy., Ste. 880 Irving TX 75062-6274 pcl880@aim.com

George E. Kuehn SBC Holdings, Inc., f/k/a The Stroh BUTZEL LONG Brewery Company 301 E. Liberty St., Ste 500 Ann Arbor MI 48104-2283 Tel: 734-213-3257 Fax: 734-995-1777 kuehn@butzel.com

/s/ Thomas H. Edwards THOMAS H. EDWARDS