COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: AC Interests L.P., formerly American Coatings, L.P. v. Texas Commission on Environmental Quality Appellate case number: 01-15-00378-CV Trial court case number: D-1-GN-14-005160 Trial court: 345th District Court of Travis County It is ORDERED that the motion for en banc reconsideration is denied.

Judge’s signature: /s/ Laura C. Higley Acting for the Court En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.

A majority of the justices of the Court voted to deny the motion for en banc reconsideration.

Justice Keyes not participating.

Date: March 15, 2016