TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00098-CV

Appellant, Texas Commission on Environmental Quality// Cross-Appellant, Environmental Defense, Inc. v. Appellees, Environmental Defense, Inc. and Sierra Club// Cross-Appellees, Texas Commission on Environmental Quality, State Office of Administrative Hearings; and Sandy Creek Energy Associates, L.P.

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-GN-06-003957, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

MEMORANDUM OPINION

This is an interlocutory appeal from the trial court’s order granting in part and denying in part a plea to the jurisdiction filed by Appellant the Texas Commission on Environmental Quality.

The TCEQ has now filed a motion to abate this appeal. After reviewing the motion and the responses thereto, we grant the motion and abate this appeal until June 29, 2007. The TCEQ shall file a status report to inform this Court of the status of this litigation on or before June 29, 2007.

__________________________________________ Jan P. Patterson, Justice Before Chief Justice Law, Justices Patterson and Henson Abated Filed: April 13, 2007