The Texas Commission on Environmental Quality v. Harris County, Texas, Super Neighborhood 48 Trinity/Houston Gardens, Dyyersforest Heights Civic Club, and Progressive Fifth Ward Community Association

Opinion

ACCEPTED 15-25-00214-cv

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS

12/12/2025 10:59 AM

No. 15-25-00214-CV CHRISTOPHER A. PRINE CLERK

In the Fifteenth Court of Appeals FILED IN 15th COURT OF APPEALS

AUSTIN, TEXAS

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, 12/12/2025 10:59:15 AM

Appellant, CHRISTOPHER A. PRINE vs. Clerk

HARRIS COUNTY, TEXAS, et al., Appellees.

___________________________________________________

APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION OF BRIEFING DEADLINE

Appellant Texas Commission on Environmental Quality files this First

Unopposed Motion for Extension of Briefing Deadline, pursuant to Rule

10.5(b) of the Texas Rules of Appellate Procedure, and in support thereof

would respectfully show as follows:

1. There is no specific deadline to file this motion to extend time.

See Tex. R. App. P. 38.6(d).

2. The Court has the authority under Texas Rule of Appellate

Procedure 38.6(d) to extend the time for Appellant to file this brief.

3. Appellant’s brief is currently due on Monday, January 5, 2026.

Tex. R. App. P. 38.6(b).

4. Counsel for Appellant seeks additional time to fully brief this

matter. In addition to the briefing at issue for this Court, counsel for

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Appellant has the following obligations surrounding the upcoming

holiday season:

5. Among other matters, counsel for Appellant is engaged or has

been engaged in preparing for various trial, litigation, and appellate

deadlines in the following cases: State of California, et. al. v. U.S., et

al., No. 4:25-cv-04966-HSG (N.D. Cal.), briefing due December 12,

2025; BAP Kennor Landfill, LLC v. Tex. Comm’n. on Env’tl Quality,

No. D-1-GN-21-002747 (Travis County, Texas), briefing on

jurisdictional plea due January 3, 2026 and hearing January 8, 2026;

Tex. Comm’n. on Env’tl Quality v. Universal EV, LLC, No. D-1-GN-24-

004148 (Travis County, Texas), extensive discovery responses due

January 12, 2026; Massey, et al., v. Tex. Comm’n. on Env’tl Quality,

No. D-1-GN-21-002747 (Travis County, Texas), briefing due January

17, 2026.

6. Additionally, the Texas Supreme Court may soon request

counsel for Appellant to respond to the Petition for Review filed in

Richard M. Young, Jr. a/k/a Richard Young v. Tex. Parks & Wildlife

Dep’t, et al., No 25-0628, waiver of response filed December 12, 2025.

7. Consequently, Appellant requests a 30-day extension of its

briefing deadline to Wednesday, February 4, 2026, in order to ensure

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there is adequate time to prepare briefing and filing and to provide the

Court with a brief that will be helpful and best assist the Court’s

decision-making process.

8. This is Appellant’s first request for an extension of time to file

its brief.

9. Counsel for Appellant conferred with counsel for Appellees, on

December 11-12, 2025. This motion for extension is unopposed. This

extension is not sought for purposes of delay, but so that justice may

be done.

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

KELLIE E. BILLINGS-RAY Chief, Environmental Protection Division

/s/ Ian Lancaster IAN LANCASTER Assistant Attorney General

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State Bar No. 24097964 ian.lancaster@oag.texas.gov

OFFICE OF THE ATTORNEY GENERAL Environmental Protection Division P. O. Box 12548, MC-066 Austin, Texas 78711-2548 Tel: (512) 463-2012 | Fax: (512) 463-0911

COUNSEL FOR APPELLANT

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Certificate of Conference

As required by Texas Rule of Appellate Procedure 10.1(a)(5), the undersigned conferred with the listed counsel for Appellees regarding this motion on December 11-12, 2025, who advised that Appellees were unopposed to the motion and relief sought.

Certificate of Service

I hereby certify that on this 12th day of December 2025, a true and correct copy of the foregoing has been served upon the parties listed below via electronic service or email.

SARAH JANE UTLEY Environmental Division Director sarah.utley@harriscountytx.gov

BETHANY DWYER Assistant County Attorney bethany.dwyer@harriscountytx.gov

RYAN COOPER Assistant County Attorney ryan.cooper@harriscountytx.gov

HARRIS COUNTY ATTORNEY’S OFFICE 1019 Congress Avenue, 15th Floor Houston, Texas 77002 Telephone: (713) 274-5124 Facsimile: (713) 437-4211

AND

Adam M. Friedman afriedman@msmtx.com

Hailey Culhane hculhane@msmtx.com

MCELROY, SULLIVAN, MILLER & WEBER, L.L.P.

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P.O. Box 12127 Austin, Texas 78711 Tel: (512) 327-8111 Fax: (512) 350-2681

COUNSEL FOR APPELLEE HARRIS COUNTY, TEXAS

Amy Catherine Dinn adinn@lonestarlegal.org

Caroline Crow ccrow@lonestarlegal.org

Noor Mozaffar nmozaffar@lonestarlegal.org

LONE STAR LEGAL AID EQUITABLE DEVELOPMENT INITIATIVE ENVIRONMENTAL JUSTICE TEAM 1415 Fannin Houston, Texas 77002 Ph. (713) 652-0077 ext. 8108 Fax (713) 652-3141

COUNSEL FOR APPELLEES SUPER NEIGHBORHOOD 48 TRINITY/ HOUSTON GARDENS, DYERSFOREST HEIGHTS CIVIC CLUB, AND PROGRESSIVE FIFTH WARD COMMUNITY ASSOCIATION

/s/ Ian Lancaster IAN LANCASTER

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.

James McCarley on behalf of Ian Lancaster Bar No. 24097964 scott.mccarley@oag.texas.gov Envelope ID: 109032347 Filing Code Description: Motion Filing Description: Appellant's First Unopposed Motion for Extension of Briefing Deadline Status as of 12/12/2025 11:06 AM CST

Associated Case Party: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Name BarNumber Email TimestampSubmitted Status

Ian Lancaster ian.lancaster@oag.texas.gov 12/12/2025 10:59:15 AM SENT

James ScottMcCarley scott.mccarley@oag.texas.gov 12/12/2025 10:59:15 AM SENT

Associated Case Party: Harris County, Texas

Name BarNumber Email TimestampSubmitted Status

Adam M.Friedman afriedman@msmtx.com 12/12/2025 10:59:15 AM SENT

Hailey Culhane 24127440 hculhane@msmtx.com 12/12/2025 10:59:15 AM SENT

Sarah J. Utley sarah.utley@harriscountytx.gov 12/12/2025 10:59:15 AM SENT

Ryan Cooper 24123649 Ryan.Cooper@harriscountytx.gov 12/12/2025 10:59:15 AM SENT

Bethany Dwyer Bethany.Dwyer@harriscountytx.gov 12/12/2025 10:59:15 AM SENT

Associated Case Party: Super Neighborhood 48 Trinity/Houston Gardens

Name BarNumber Email TimestampSubmitted Status

Amy Dinn adinn@lonestarlegal.org 12/12/2025 10:59:15 AM SENT

Caroline Crow ccrow@lonestarlegal.org 12/12/2025 10:59:15 AM SENT

Noor Mozaffar nmozaffar@lonestarlegal.org 12/12/2025 10:59:15 AM SENT