Texas Court of Appeals, 15th District, 2025

Samsung Austin Semiconductor, LLC v. Ken Paxton, Attorney General of Texas, Texas Commission on Environmental Quality; And Kelly Keel, Executive Director of the Texas Commission on Environmental Quality

Samsung Austin Semiconductor, LLC v. Ken Paxton, Attorney General of Texas, Texas Commission on Environmental Quality; And Kelly Keel, Executive Director of the Texas Commission on Environmental Quality
Texas Court of Appeals, 15th District · Decided December 4, 2025
Samsung Austin Semiconductor, LLC v. Ken Paxton, Attorney General of Texas, Texas Commission on Environmental Quality; And Kelly Keel, Executive Director of the Texas Commission on Environmental Quality

Opinion

ACCEPTED 15-25-00215-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/4/2025 11:57 AM CAUSE NO. 15-25-00215-CV CHRISTOPHER A. PRINE CLERK In the Fifteenth Court of Appeals of Texas FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 12/4/2025 11:57:04 AM SAMSUNG AUSTIN SEMICONDUCTOR, LLC, CHRISTOPHER A. PRINE Appellant, Clerk v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND KELLY KEEL, EXECUTIVE DIRECTOR OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellees.

On Appeal from the 200th District Court of Travis County, Texas APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS’S MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Ken Paxton, Attorney General of Texas, asks the Court to extend the time to file the Appellee’s Brief.

Introduction 1. Appellant is Samsung Austin Semiconductor, LLC.

2. Appellees are Ken Paxton, Attorney General of Texas, and the Texas Commission on Environmental Quality, and Kelly Keel, Executive Director of the Texas Commission on Environmental Quality.

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS Case No. 15-25-00215-CV Page 1 of 5 3. Counsel for Texas Commission on Environmental Quality, and Kelly Keel, Executive Director of the Texas Commission on Environmental Quality and Samsung Austin Semiconductor, LLC, do not oppose this motion.

Argument & Authorities 4. The Court may grant a motion to extend time under Texas Rule of Appellate Procedure Rule 10.5(b).

5. Samsung Austin Semiconductor filed the Appellant’s Brief on December 2, 2025. Thus, the deadline to file this motion to extend is January 2, 2026.

6. The Office of the Attorney General of Texas requests an additional thirty-one days to file the Appellee’s Brief, extending the due date to February 2, 2026.

7. The Office of the Attorney General needs more time to prepare its brief because of the upcoming Christmas holidays. The Office of the Attorney General will be closed during some of this time. Undersigned counsel, and the senior assistant attorneys general who will need to review and approve the brief will also be on vacation during this time.

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS Case No. 15-25-00215-CV Page 2 of 5 8. The Court has not previously granted an extension regarding this Appellee’s Brief. Prior to transferring the case, the Third Court of Appeals granted two motions to extend time for Samsung Austin Semiconductor to file its Appellant’s Brief.

Conclusion & Prayer 9. Due to the upcoming Christmas holiday, Ken Paxton, Attorney General of Texas, requests an extension of time to file the Appellee’s brief until February 2, 2026.

Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation ERNEST C. GARCIA Chief, Administrative Law Division

Martin Cohick State Bar No. 24134042 Assistant Attorney General

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS Case No. 15-25-00215-CV Page 3 of 5 OFFICE OF THE ATTORNEY GENERAL OF TEXAS Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1317 [email protected] ATTORNEYS FOR APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

CERTIFICATE OF CONFERENCE I certify that on December 3, 2025, I conferred with the attorneys for the Texas Commission on Environmental Quality, Kelly Keel, Executive Director of the Texas Commission on Environmental Quality, and Samsung Austin Semiconductor, LLC. They do not oppose this motion.

Martin Cohick Assistant Attorney General

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS Case No. 15-25-00215-CV Page 4 of 5 CERTIFICATE OF SERVICE I certify that on December 4, 2025, a true and correct copy of the above and foregoing document has been served to the following party of record via electronic service and/or electronic mail:

Danica L. Milios Kimberly Gdula State Bar No. 00791261 State Bar No. 24052209 Jack E. Skaggs Office of the Attorney General State Bar No. 24051345 General Litigation Division Anne Derrig P.O. Box 12548, Capitol Station State Bar No. 24112764 Austin, Texas 78711-2548 Jackson Walker L.L.P. Telephone: (512) 475-4071 Congress Avenue, Suite 1100 Facsimile: (512) 320-0667 Austin, Texas 78701 [email protected] Telephone: (512) 236-2000 Facsimile: (512) 236-2002 ATTORNEY FOR DEFENDANTS [email protected] TCEQ, [email protected] AND KELLY KEEL, EXECUTIVE [email protected] DIRECTOR OF TCEQ ATTORNEYS FOR PLAINTIFF SAMSUNG AUSTIN SEMICONDUCTOR, LLC

Martin Cohick Assistant Attorney General

MOTION TO EXTEND TIME, APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS Case No. 15-25-00215-CV Page 5 of 5 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.

Paul Pruneda on behalf of Martin Cohick Bar No. 24134042 [email protected] Envelope ID: 108715424 Filing Code Description: Motion Filing Description: 2025 1204 OAG Motion to Extend Time Status as of 12/4/2025 12:30 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jack Skaggs [email protected] 12/4/2025 11:57:04 AM SENT Danica Milios [email protected] 12/4/2025 11:57:04 AM SENT Kimberly Gdula 24052209 [email protected] 12/4/2025 11:57:04 AM SENT Martin Cohick 24134042 [email protected] 12/4/2025 11:57:04 AM SENT

Associated Case Party: Ken Paxton, Attorney General of Texas Name BarNumber Email TimestampSubmitted Status Paul Pruneda [email protected] 12/4/2025 11:57:04 AM SENT

Associated Case Party: Samsung Austin Semiconductor, LLC Name BarNumber Email TimestampSubmitted Status Anne Derrig 24112764 [email protected] 12/4/2025 11:57:04 AM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.