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

ACCEPTED 15-24-00132-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/5/2025 2:29 PM No. 15-24-00132-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FOR THE FILED IN FIFTEENTH JUDICIAL DISTRICT OF TEXAS15th AUSTIN, COURT OF APPEALS TEXAS 8/5/2025 2:29:48 PM AIRW 2017-7, L.P.; 600 WESTINGHOUSE INVESTMENTS , LLC; 800A. PRINE CHRISTOPHER WESTINGHOUSE INVESTMENTS, LLC; TEXAS COMMISSIONClerk 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 REPLY 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 reply briefs. Reply briefs are currently due August 11, 2025.

The new due date would be September 19, 2025. This is the first request for an extension for this filing. Appellees do not oppose this 39-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 reply brief on the merits, counsel for the Commission have the following conflicts: • Preparation of a Response to the petition for review due August 18, 2025, in John W. Mabee v. HR Martin County Landfill, LLC and the Railroad Commission of Texas, Cause No. 25-0077 • Ongoing mediation and hearing preparation for hearing scheduled the week of September 29, 2025, in State of Texas v. State of New Mexico and State of Colorado; No. 141, Original Action in the United States Supreme Court.

2. Appellants AIRW and Jonah 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.

PRAYER For these reasons, Appellants respectfully request that the Court grant this motion to extend the time for filing Appellant briefs until September 19, 2025.

Respectfully submitted, KEN PAXTON KELLIE E. BILLINGS-RAY Attorney General of Texas Chief, Environmental Protection Division BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney SARA J. FERRIS General Assistant Attorney General State Bar No. 50511915 AUSTIN KINGHORN [email protected] Deputy Attorney General for Civil Litigation OFFICE OF THE ATTORNEY GENERAL OF TEXAS AARON L. NIELSON P.O. Box 12548 (MC-066) Solicitor General Austin, Texas 78711-2548 (512) 463-2012 WILLIAM F. COLE (512) 320-0911 (Fax) 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 (with permission) 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., 600 Westinghouse Investments, LLC, And Westinghouse Investments, LLC

CERTIFICATE OF CONFERENCE On August 4, 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. /s/ Sara J. Ferris SARA J. FERRIS

CERTIFICATE OF SERVICE On August 5, 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 for 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: 103997560 Filing Code Description: Motion Filing Description: Unopposed Joint Motion for Extension of Time to File Briefs Status as of 8/5/2025 2:33 PM CST Associated Case Party: City of Georgetown Name BarNumber Email TimestampSubmitted Status Patricia Carls 3813425 [email protected] 8/5/2025 2:29:48 PM SENT Carlota Hopinks-Baul 24094039 [email protected] 8/5/2025 2:29:48 PM SENT Skye Masson [email protected] 8/5/2025 2:29:48 PM SENT Kelsey Parker [email protected] 8/5/2025 2:29:48 PM SENT Maris Chambers [email protected] 8/5/2025 2:29:48 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status William Thompson 24088531 [email protected] 8/5/2025 2:29:48 PM SENT Edmond McCarthy 13367200 [email protected] 8/5/2025 2:29:48 PM SENT William Faulk 24075674 [email protected] 8/5/2025 2:29:48 PM SENT John Carlton 3817600 [email protected] 8/5/2025 2:29:48 PM SENT Michael Parsons 24079109 [email protected] 8/5/2025 2:29:48 PM SENT Helen Gilbert 786263 [email protected] 8/5/2025 2:29:48 PM SENT Colton Halter [email protected] 8/5/2025 2:29:48 PM SENT Todd Disher [email protected] 8/5/2025 2:29:48 PM SENT Kelli Carlton [email protected] 8/5/2025 2:29:48 PM SENT Erin Selvera [email protected] 8/5/2025 2:29:48 PM SENT

Associated Case Party: Texas Commission on Environmental Quality Name BarNumber Email TimestampSubmitted Status 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: 103997560 Filing Code Description: Motion Filing Description: Unopposed Joint Motion for Extension of Time to File Briefs Status as of 8/5/2025 2:33 PM CST Associated Case Party: Texas Commission on Environmental Quality Name BarNumber Email TimestampSubmitted Status Kellie E.Billings-Ray [email protected] 8/5/2025 2:29:48 PM SENT Erin K.Snody [email protected] 8/5/2025 2:29:48 PM SENT Sara Ferris [email protected] 8/5/2025 2:29:48 PM SENT Jennifer Jamison [email protected] 8/5/2025 2:29:48 PM ERROR Bobby Salehi [email protected] 8/5/2025 2:29:48 PM SENT Evan Greene [email protected] 8/5/2025 2:29:48 PM SENT

Associated Case Party: AIRW 2017-7, LP Name BarNumber Email TimestampSubmitted Status Andrew Davis [email protected] 8/5/2025 2:29:48 PM SENT

Associated Case Party: AIRW 2017-7, L.P. Name BarNumber Email TimestampSubmitted Status Yahaira De Lara [email protected] 8/5/2025 2:29:48 PM SENT Michael Cotton [email protected] 8/5/2025 2:29:48 PM SENT

Associated Case Party: Jonah Water Special Utility District Name BarNumber Email TimestampSubmitted Status John Carlton [email protected] 8/5/2025 2:29:48 PM SENT