Texas Commission on Environmental Quality and Guadalupe-Blanco River Authority v. National Wildlife Federation

ACCEPTED 15-24-00050-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/13/2024 10:48 AM No. 15-24-00050-CV CHRISTOPHER A. PRINE CLERK IN THE FIFTEENTH COURT OF APPEALS FILED IN AUSTIN, TEXAS 15th COURT OF APPEALS AUSTIN, TEXAS 12/13/2024 10:48:32 AM TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHRISTOPHER A. PRINE Clerk and GUADALUPE-BLANCO RIVER AUTHORITY, Appellants, v. NATIONAL WILDLIFE FEDERATION, Appellee.

On Appeal from the 98th Judicial District Court, Travis County, Texas, Cause No. D-1-GN-20-007096

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEFS

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS: Pursuant to Tex. R. App. P. 10.5(b) and Tex. R. App. P. 38.6(d), Appellant, the Texas Commission on Environmental Quality (Commission), files this Unopposed Motion for Extension of Time to File Appellants’ Reply Briefs, and in support thereof would respectfully show as follows: 1. Appellants’ reply briefs are currently due on December 31, 2024.

2. The Commission requests a 28-day extension for Appellants, the Commission and Guadalupe-Blanco River Authority (GBRA), to file their respective reply briefs on January 28, 2025.

3. This is the Commission’s first request for an extension to file its reply brief.

4. This requested extension is needed in light of balancing counsel, staff, and clients’ holiday vacation schedules, as well as counsel’s workload in other pending matters. Additionally, lead counsel for the Commission will be leaving employment with the Office of the Attorney General at the end of this month. An extension is needed to effectively transition the case to new lead counsel.

5. The extension will allow counsel to adequately prepare a brief that would be helpful and informative to the Court.

6. Counsel for the Commission has conferred with counsel for Appellant GBRA and counsel for Appellee National Wildlife Federation, who do not oppose the requested extension of time.

7. This extension is not sought for purposes of delay, but so that justice may be done.

PRAYER For these reasons, Appellant the Commission respectfully requests that the Court grant this motion to extend the time for filing Appellants the Commission and GBRA’s reply briefs until January 28, 2025.

Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General JAMES LLOYD Deputy Attorney General for Civil Litigation KELLIE E. BILLINGS-RAY Chief, Environmental Protection Division /s/ Erin K. Snody ERIN K. SNODY Assistant Attorney General State Bar No. 24093056 [email protected] KATIE B. HOBSON Assistant Attorney General State Bar No. 24082680 [email protected]

OFFICE OF THE ATTORNEY GENERAL Environmental Protection Division P.O. Box 12548, MC-066 Austin, Texas 78711-2548 (512) 463-2012 | Fax: (512) 320-0911 ATTORNEYS FOR TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(a)(5), I certify that I have conferred with counsel for all parties to this case regarding this Unopposed Motion for Extension of Time to File Appellants’ Reply Briefs, and they have apprised me that their clients do not oppose extending the deadlines for briefing as explained in the motion.

/s/ Erin K. Snody Erin K. Snody

CERTIFICATE OF SERVICE On December 13, 2024, a true and correct copy of the Unopposed Motion for Extension of Time to File Appellants’ Reply Briefs was served upon the following counsel of record by email or the Court’s electronic filing manager: Marisa Perales [email protected] PERALES, ALLMON & ICE, P.C.

1206 San Antonio Street Austin, Texas 78701 Counsel for Appellee National Wildlife Federation Samia Broadaway [email protected] Molly Cagle [email protected] John Ormiston [email protected] BAKER BOTTS L.L.P. S. 1st Street, Suite 1300 Austin, Texas 78704 Macey Reasoner Stokes [email protected] BAKER BOTTS L.L.P. Louisiana Street Houston, Texas 77002 Counsel for Appellant Guadalupe-Blanco River Authority

/s/ Erin K. Snody ERIN K. SNODY

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.

Laura Courtney on behalf of Erin Snody Bar No. 24093056 [email protected] Envelope ID: 95289146 Filing Code Description: Motion Filing Description: Texas Commission on Environmental Quality's First Unopposed Motion for Extension of Time to File Appellants Reply Briefs Status as of 12/13/2024 11:22 AM CST Associated Case Party: Guadalupe-Blanco River Authority Name BarNumber Email TimestampSubmitted Status Macey ReasonerStokes [email protected] 12/13/2024 10:48:32 AM SENT Molly Cagle 3591800 [email protected] 12/13/2024 10:48:32 AM SENT Samia Broadaway 24088322 [email protected] 12/13/2024 10:48:32 AM SENT John Ormiston 24121040 [email protected] 12/13/2024 10:48:32 AM SENT

Associated Case Party: National Wildlife Federation Name BarNumber Email TimestampSubmitted Status Marisa Perales 24002750 [email protected] 12/13/2024 10:48:32 AM SENT Claire Hamerlinck [email protected] 12/13/2024 10:48:32 AM SENT

Associated Case Party: Texas Commission on Environmental Quality Name BarNumber Email TimestampSubmitted Status Erin Snody [email protected] 12/13/2024 10:48:32 AM SENT Katie B.Hobson [email protected] 12/13/2024 10:48:32 AM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Laura Courtney [email protected] 12/13/2024 10:48:32 AM SENT