ACCEPTED 14-18-00288-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/18/2018 9:56 AM CHRISTOPHER PRINE CLERK

No. 14-18-00288-CV

FILED IN 14th COURT OF APPEALS IN THE FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/18/2018 9:56:23 AM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

PINTAIL LANDFILL, LLC, Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; RICHARD A. HYDE, P.E., IN HIS OFFICIAL CAPACITY AS TCEQ EXECUTIVE DIRECTOR; AND CITIZENS AGAINST THE LANDFILL IN HEMPSTEAD,

Appellees.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE JUSTICES OF THE FOURTEENTH COURT OF APPEALS:

Appellant Pintail Landfill, LLC (“Pintail”) files this unopposed motion for an

order extending the time to file its brief in this appeal pursuant to Tex. R. App. Proc.

10.5(b) and 38.6(d), and in support thereof would respectfully show:

1. The current due date for Pintail’s brief in this appeal is May 25, 2018.

2. Pintail respectfully requests an extension of thirty-one (31) days for

filing its brief so that the brief would need to be filed in this Court by no later than

June 25, 2018.

1 3. Pintail requests this extension so Pintail will have the necessary time

for review of the record and the drafting of the brief.

4. No previous extensions have been requested by Pintail in connection

with this matter.

5. This motion is filed not for purposes of delay, but so that justice may

be done.

6. Counsel for Appellees have indicated that Appelles are not opposed to

this motion.

Prayer

WHEREFORE, for the reasons stated above, Pintail Landfill, LLC

respectfully requests that the Court issue an order granting the requested extension

thereby establishing a filing deadline for Pintail’s brief of June 25, 2018.

Respectfully submitted,

/s/ John A. Riley JOHN A. RILEY State Bar No. 16927900 PAUL C. SARAHAN State Bar No. 17648200 HOLLAND & KNIGHT LLP 111 Congress Ave., Suite 540 Austin, Texas 78701 (512) 472-1081 (512) 472-7473 (fax)

ATTORNEYS FOR PINTAIL LANDFILL, LLC

2 Certificate of Conference As required by Tex. R. App. Proc. 10.1(a)(5), I certify that counsel for Pintail Landfill, LLC has conferred with counsel for the opposing parties in this case and each counsel has stated that she is not opposed to this motion.

/s/ John A. Riley JOHN A. RILEY

3 CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Pintail Landfill, LLC’s Unopposed Motion for Extension of Time to File Brief of Appellant has been sent to the following persons by electronic filing system on this 18th day of May, 2018.

/s/ John A. Riley John A. Riley

Ms. Cynthia Woelk [email protected] Assistant Attorney General Daniel C. Wiseman [email protected] Assistant Attorney General Lisa McClain Mitchell [email protected] Assistant Attorney General Office of the Attorney General P.O. Box 12548, MC-018 Austin, TX 78711-2548

Attorneys for the TCEQ and Richard Hyde, P.E., in his Official Capacity as TCEQ Executive Director

Ms. V. Blayre Peña Hance Scarborough, LLP 400 W. 15th Street, Suite 950 Austin, TX 78701

Attorney for Citizens Against the Landfill in Hempstead

4