AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; 800 Westinghouse Investments, LLC; Texas Commission on Environmental Quality; And Jonah Water Special Utility District v. City of Georgetown, Texas
Opinion
ACCEPTED 15-24-00132-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/15/2025 2:45 PM No. 15-24-00132-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT4/15/2025 2:45:05 PM CHRISTOPHER A. PRINE AUSTIN, TEXAS Clerk
AIRW 2017-7, L.P.; 600 WESTINGHOUSE INVESTMENTS, LLC; WESTINGHOUSE INVESTMENTS, LLC; TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; and JONAH WATER SPECIAL UTILITY DISTRICT, Appellants, v. CITY OF GEORGETOWN, Appellee.
On Appeal from the 261st District Court of Travis County, Texas, Cause No. D-1-GN-23-001004
UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS: Pursuant to Texas Rules of Appellate Procedure10.5(b) and 38.6(d), Appellants, the Texas Commission on Environmental Quality (Commission); AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; Westinghouse Investments, LLC (AIRW); and Jonah Water Special Utility District (Jonah) jointly move for extension of time to file their respective briefs on the merits. Appellants’ briefs are currently due April 21, 2025. The new due date would be May 21, 2025. This is the first request for an extension for this filing. Appellees do not oppose this 30-day extension.
BASES FOR THE EXTENSION OF TIME 1. Counsel for Appellants seek additional time to more fully prepare their respective briefs and seek additional time to prepare briefs more helpful to the Court.
In addition to this brief on the merits, counsel for the Commission have the following conflicts: • Ongoing mediation and trial preparation for trial scheduled the week of June 9, 2025, in State of Texas v. State of New Mexico and State of Colorado; No. 141, Original Action in the United States Supreme Court; • Preparation for upcoming mediation in State of Texas v. Intercontinental Terminals Company, LLC; Cause No. D-1-GN-19- 001593; in the District Court of Travis County, Texas, 251st
Judicial District Court.
In addition to this brief on the merits, counsel for AIRW have the following conflicts: • Motion to transfer in Rumble Inc. v. World Federation of Advertisers et al., 24-cv-00115 (N.D. Tex.); • Preparation of combined reply/cross-appeal response brief in Plains Capital Bank v. Stephen R. Herbel et al., 05-24-00572- cv (Tex. App.–Dall.) (due May 15, 2025); • Preparation for temporary injunction hearing in Municipal Operations, LLC v. Hon. Ken Paxton & City of San Antonio, D-1-GN-25-002129 (419th Dist. Ct., Travis County, Tex.) (April 17, 2025); • Preparation for preliminary hearing in Application by Moore Farm WCID No. 1 for New TPDES Permit, TCEQ Docket No. 2024-1581-MWD (April 22, 2025); • Preparation for merits hearing in Application by LVTP Holdings, LLC for New TPDES Permit, TCEQ Docket No. 2023-1558-MWD (April 24-25, 2025).
2. Appellants, AIRW, Jonah, and the Commission also join in this motion to ensure uniformity of briefing dates.
3. This request is not sought for purposes of delay but so that counsel may have adequate time to provide a full response to the Court.
CERTIFICATE OF CONFERENCE On April 15, 2025, counsel for Appellants the Commission, AIRW, and Jonah exchanged emails with counsel for Appellee City of Georgetown. Counsel for Appellees indicated they did not oppose this extension.
PRAYER For these reasons, Appellants respectfully request that the Court grant this motion to extend the time for filing Appellant briefs until May 21, 2025.
Respectfully Submitted,
KEN PAXTON KELLIE E. BILLINGS-RAY Attorney General of Texas Chief, Environmental Protection Division BRENT WEBSTER Assistant Attorney General First Assistant Attorney State Bar No. 24042447 General /s/ Sara J. Ferris RALPH MOLINA SARA J. FERRIS Deputy First Assistant Assistant Attorney General Attorney General State Bar No. 50511915 [email protected] AUSTIN KINGHORN Deputy Attorney General for Civil Litigation OFFICE OF THE ATTORNEY GENERAL OF TEXAS Environmental Protection Division AARON L. NIELSON P.O. Box 12548, MC-066 Solicitor General Austin, Texas 78711-2548 (512) 463-2012 | Fax: (512) WILLIAM F. COLE 320-0911 Principal Deputy Solicitor General ATTORNEYS FOR TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
/s/ Erin R. Selvera (with permission) John J. Carlton [email protected] Kelli A. N. Carlton [email protected] Erin R. Selvera [email protected] Michael Parsons [email protected] THE CARLTON LAW FIRM, PLLC 4301 Westbank Dr., Suite B130 Austin, TX 78746-6568 ATTORNEYS FOR JONAH WATER SPECIAL DISTRICT
/s/ Andrew B. Davis Andrew B. Davis [email protected] William T. Thompson [email protected] Todd Disher [email protected] LEHOTSKY KELLER COHN, LLP W. 11th Street, 5th Floor Austin, TX 78701 Helen S. Gilbert [email protected] BARTON BENSON JONES, PLLC 7000 N. MoPac Expwy, Suite 200 Austin, TX 78731 Edmond McCarthy [email protected] MCCARTHY & MCCARTHY, LLP 1122 Colorado St., Suite 2399 Austin, TX 78701 ATTORNEYS FOR AIRW 2017-7, L.P., WESTINGHOUSE INVESTMENTS, LLC, AND 800 WESTINGHOUSE INVESTMENTS, LLC
CERTIFICATE OF SERVICE On April 15, 2025, a true and correct copy of the Joint Motion for Extension of Time to File Reply Briefs was served upon the following counsel of record by email or the Court’s electronic filing manager: William A. Faulk, III [email protected] Carlota Hopkins-Baul [email protected] Maris M. Chambers [email protected] SPENCER FANE, LLP Congress Ave., Suite 1200 Austin, TX 78701 Patricia Erlinger Carls [email protected] LAW OFFICE OF PATRICIA ERLINGER CARLS 3100 Glenview Ave. Austin, TX 78703 Attorneys City of Georgetown, TX
/s/ Sara J. Ferris SARA J. FERRIS
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.
Colton Halter on behalf of Sara Ferris Bar No. 50511915 [email protected] Envelope ID: 99698358 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time for Appellants Briefs Status as of 4/15/2025 2:50 PM CST Associated Case Party: City of Georgetown Name BarNumber Email TimestampSubmitted Status Patricia Carls 3813425 [email protected] 4/15/2025 2:45:05 PM SENT Carlota Hopinks-Baul 24094039 [email protected] 4/15/2025 2:45:05 PM SENT Maris Chambers [email protected] 4/15/2025 2:45:05 PM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status William Thompson 24088531 [email protected] 4/15/2025 2:45:05 PM SENT Edmond McCarthy 13367200 [email protected] 4/15/2025 2:45:05 PM SENT William Faulk 24075674 [email protected] 4/15/2025 2:45:05 PM SENT John Carlton 3817600 [email protected] 4/15/2025 2:45:05 PM SENT Helen Gilbert 786263 [email protected] 4/15/2025 2:45:05 PM SENT Colton Halter [email protected] 4/15/2025 2:45:05 PM SENT Kelli Carlton [email protected] 4/15/2025 2:45:05 PM SENT Todd Disher [email protected] 4/15/2025 2:45:05 PM SENT Erin Selvera [email protected] 4/15/2025 2:45:05 PM SENT
Associated Case Party: Texas Commission on Environmental Quality Name BarNumber Email TimestampSubmitted Status Sara Ferris [email protected] 4/15/2025 2:45:05 PM SENT Jennifer Jamison [email protected] 4/15/2025 2:45:05 PM SENT Bobby Salehi [email protected] 4/15/2025 2:45:05 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.
Colton Halter on behalf of Sara Ferris Bar No. 50511915 [email protected] Envelope ID: 99698358 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time for Appellants Briefs Status as of 4/15/2025 2:50 PM CST Associated Case Party: Texas Commission on Environmental Quality Bobby Salehi [email protected] 4/15/2025 2:45:05 PM SENT Kellie E.Billings-Ray [email protected] 4/15/2025 2:45:05 PM SENT Erin K.Snody [email protected] 4/15/2025 2:45:05 PM ERROR
Associated Case Party: AIRW 2017-7, LP Name BarNumber Email TimestampSubmitted Status Andrew Davis [email protected] 4/15/2025 2:45:05 PM SENT
Associated Case Party: Jonah Water Special Utility District Name BarNumber Email TimestampSubmitted Status John Carlton [email protected] 4/15/2025 2:45:05 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.