COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: The City of Houston v. Downstream Environmental, L.L.C. Appellate case number: 01-13-01015-CV Trial court case number: 2011-29293 Trial court: 295th District Court of Harris County Date motion filed: November 14, 2014 Party filing motion: Appellee, Downstream Environmental, L.L.C. It is ordered that the motion for rehearing is  DENIED GRANTED.

Judge’s signature: /s/ Michael Massengale Acting individually  Acting for the Court Panel consists of: Justices Jennings, Bland, and Massengale

Date: November 25, 2014