Texas Commission on Environmental Quality and Max Midstream, LLC v. San Antonio Bay Estuarine Waterkeeper, Texas Campaign for the Environment, and S. Diane Wilson
Opinion
ACCEPTED 15-24-00036-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/12/2025 4:57 PM NO. 15-24-00036-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 3/12/2025 4:57:30 PM CHRISTOPHER A. PRINE Clerk TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and MAX MIDSTREAM, LLC, Appellants, v. S. DIANE WILSON, TEXAS CAMPAIGN FOR THE ENVIRONMENT AND SAN ANTONIO BAY ESTUARINE WATERKEEPER, Appellees.
On Appeal from the 201st Judicial District Court, Travis County, Texas Cause No. D-1-GN-22-002153 APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING
Erin Gaines, Bar No. 24093462 Ilan Levin, Bar No. 00798328 Earthjustice Karis Adams, Bar No. 24131210 Texas Avenue, Suite 200 Ethan Siegel, Bar No. 24124647 Houston, Texas 77002 Texas RioGrande Legal Aid Phone: (512) 720-5354 4920 Interstate 35 [email protected] Austin, Texas 78751-2717 Phone: (512) 619-7287 [email protected] Attorney for Appellees Texas Campaign for [email protected] the Environment & San Antonio Bay [email protected] Estuarine Waterkeeper Attorneys for Appellee S. Diane Wilson TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS: Appellees S. Diane Wilson, Texas Campaign for the Environment and San Antonio Bay Estuarine Waterkeeper, file this Unopposed Motion for Extension of Time to File a Motion for Rehearing on this Court’s Final Judgment in this case issued February 27, 2025, pursuant to Texas Rules of Appellate Procedure 10.5(b) and 49.9.
Appellees’ Motion for Rehearing is currently due on March 14, 2025. By this Motion for Extension of Time, Appellees request a 15-day extension to file its Motion for Rehearing, making the new deadline to file March 31, 2025.
This extension is not sought for the purpose of delay, but to enable counsel to balance other competing case deadlines and to prepare and submit a Motion for Rehearing that is helpful to the Court. This is Appellees’ first request for an extension of time to file its Motion.
As set forth in the Certificate of Conference, this Motion for Extension of Time is unopposed.
Conclusion & Prayer For the reasons described above, Appellees respectfully request that the Court grant this Motion for a 15-day extension of time, extending the deadline to file Appellees’ Motion for Rehearing until March 31, 2025.
Respectfully submitted, /s/ Erin Gaines Erin Gaines, Bar No. 24093462 Earthjustice Texas Avenue, Suite 200 Houston, Texas 77002 Phone: (512) 720-5354 [email protected] Attorney for Appellees Texas Campaign for the Environment & San Antonio Bay Estuarine Waterkeeper /s/ Ilan Levin Ilan Levin, Bar No. 00798328 Karis Adams, Bar No. 24131210 Ethan Siegel, Bar No. 24124647 Texas RioGrande Legal Aid 4920 Interstate 35 Austin, Texas 78751-2717 Phone: (512) 619-7287 [email protected] [email protected] [email protected] Attorneys for Appellee S. Diane Wilson
CERTIFICATE OF CONFERENCE Pursuant to Texas Rule of Appellate Procedure 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 a Motion for Rehearing, and they have apprised me that their clients do not oppose extending the deadline for this motion.
/s/ Erin Gaines
CERTIFICATE OF SERVICE I hereby certify that on this 12th day of March 2025, a true and correct copy of this UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING was electronically served upon the following counsel of record via the Court’s electronic filing system: Sara J. Ferris Derek Seal Office of the Attorney General McGinnis Lockridge LLP [email protected] [email protected] Erin K. Snody April Lucas Office of the Attorney General McGinnis Lockridge LLP [email protected] [email protected] Attorneys for Appellant, Texas Jordan Mullins Commission on Environmental McGinnis Lockridge LLP Quality [email protected] Attorneys for Appellant, Max Midstream LLC
/s/ Erin Gaines
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.
Erin Gaines on behalf of Erin Gaines Bar No. 24093462 [email protected] Envelope ID: 98393949 Filing Code Description: Motion Filing Description: Appellees' Unopposed Motion for Extension of Time to File Motion for Rehearing Status as of 3/12/2025 5:10 PM CST Associated Case Party: Max Midstream, LLC Name BarNumber Email TimestampSubmitted Status Derek Seal [email protected] 3/12/2025 4:57:30 PM SENT Jordan Mullins [email protected] 3/12/2025 4:57:30 PM SENT April Lucas [email protected] 3/12/2025 4:57:30 PM SENT Kim McBride [email protected] 3/12/2025 4:57:30 PM SENT
Associated Case Party: Texas Commission on Environmental Quality Name BarNumber Email TimestampSubmitted Status Annalisa Guartuche [email protected] 3/12/2025 4:57:30 PM SENT Sara Ferris [email protected] 3/12/2025 4:57:30 PM SENT David Laurent [email protected] 3/12/2025 4:57:30 PM SENT Erin Snody [email protected] 3/12/2025 4:57:30 PM ERROR
Associated Case Party: San Antonio Bay Estuarine Waterkeeper Name BarNumber Email TimestampSubmitted Status Erin Gaines [email protected] 3/12/2025 4:57:30 PM SENT Michelle Carlos [email protected] 3/12/2025 4:57:30 PM SENT Claire Huebler [email protected] 3/12/2025 4:57:30 PM SENT Ilan Levin [email protected] 3/12/2025 4:57:30 PM SENT
Case Contacts 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.
Erin Gaines on behalf of Erin Gaines Bar No. 24093462 [email protected] Envelope ID: 98393949 Filing Code Description: Motion Filing Description: Appellees' Unopposed Motion for Extension of Time to File Motion for Rehearing Status as of 3/12/2025 5:10 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Colton Halter [email protected] 3/12/2025 4:57:30 PM SENT Debbie Trevino [email protected] 3/12/2025 4:57:30 PM SENT
Associated Case Party: Texas Campaign for the Environment Name BarNumber Email TimestampSubmitted Status Erin Gaines [email protected] 3/12/2025 4:57:30 PM SENT Michelle Carlos [email protected] 3/12/2025 4:57:30 PM SENT Claire Huebler [email protected] 3/12/2025 4:57:30 PM SENT Ilan Levin [email protected] 3/12/2025 4:57:30 PM SENT
Associated Case Party: S.DianeWilson Name BarNumber Email TimestampSubmitted Status Ethan Siegel [email protected] 3/12/2025 4:57:30 PM SENT Karis Adams [email protected] 3/12/2025 4:57:30 PM SENT
Associated Case Party: Calhoun Port Authority Name BarNumber Email TimestampSubmitted Status Petrus J.Wassdorf [email protected] 3/12/2025 4:57:30 PM SENT Michael Woodward 21979300 [email protected] 3/12/2025 4:57:30 PM SENT Barton Hejny 24082231 [email protected] 3/12/2025 4:57:30 PM SENT 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.
Erin Gaines on behalf of Erin Gaines Bar No. 24093462 [email protected] Envelope ID: 98393949 Filing Code Description: Motion Filing Description: Appellees' Unopposed Motion for Extension of Time to File Motion for Rehearing Status as of 3/12/2025 5:10 PM CST Associated Case Party: Calhoun Port Authority Barton Hejny 24082231 [email protected] 3/12/2025 4:57:30 PM SENT Alan Sanders [email protected] 3/12/2025 4:57:30 PM SENT
Associated Case Party: Texas Oil & Gas Association Name BarNumber Email TimestampSubmitted Status Samia Broadaway 24088322 [email protected] 3/12/2025 4:57:30 PM SENT Beau Carter [email protected] 3/12/2025 4:57:30 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.