The Texas Commission on Environmental Quality v. Harris County, Texas, Super Neighborhood 48 Trinity/Houston Gardens, Dyyersforest Heights Civic Club, and Progressive Fifth Ward Community Association

ACCEPTED
15-25-00214-cv
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
12/12/2025 10:59 AM
No. 15-25-00214-CV CHRISTOPHER A. PRINE
CLERK
In the Fifteenth Court of Appeals FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY,
12/12/2025 10:59:15 AM
Appellant, CHRISTOPHER A. PRINE
vs. Clerk

HARRIS COUNTY, TEXAS, et al.,
Appellees.
___________________________________________________
APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION
OF BRIEFING DEADLINE

Appellant Texas Commission on Environmental Quality files this First

Unopposed Motion for Extension of Briefing Deadline, pursuant to Rule

10.5(b) of the Texas Rules of Appellate Procedure, and in support thereof

would respectfully show as follows:

1. There is no specific deadline to file this motion to extend time.

See Tex. R. App. P. 38.6(d).

2. The Court has the authority under Texas Rule of Appellate

Procedure 38.6(d) to extend the time for Appellant to file this brief.

3. Appellant’s brief is currently due on Monday, January 5, 2026.

Tex. R. App. P. 38.6(b).

4. Counsel for Appellant seeks additional time to fully brief this

matter. In addition to the briefing at issue for this Court, counsel for

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Appellant has the following obligations surrounding the upcoming

holiday season:

5. Among other matters, counsel for Appellant is engaged or has

been engaged in preparing for various trial, litigation, and appellate

deadlines in the following cases: State of California, et. al. v. U.S., et

al., No. 4:25-cv-04966-HSG (N.D. Cal.), briefing due December 12,

2025; BAP Kennor Landfill, LLC v. Tex. Comm’n. on Env’tl Quality,

No. D-1-GN-21-002747 (Travis County, Texas), briefing on

jurisdictional plea due January 3, 2026 and hearing January 8, 2026;

Tex. Comm’n. on Env’tl Quality v. Universal EV, LLC, No. D-1-GN-24-

004148 (Travis County, Texas), extensive discovery responses due

January 12, 2026; Massey, et al., v. Tex. Comm’n. on Env’tl Quality,

No. D-1-GN-21-002747 (Travis County, Texas), briefing due January

17, 2026.

6. Additionally, the Texas Supreme Court may soon request

counsel for Appellant to respond to the Petition for Review filed in

Richard M. Young, Jr. a/k/a Richard Young v. Tex. Parks & Wildlife

Dep’t, et al., No 25-0628, waiver of response filed December 12, 2025.

7. Consequently, Appellant requests a 30-day extension of its

briefing deadline to Wednesday, February 4, 2026, in order to ensure

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there is adequate time to prepare briefing and filing and to provide the

Court with a brief that will be helpful and best assist the Court’s

decision-making process.

8. This is Appellant’s first request for an extension of time to file

its brief.

9. Counsel for Appellant conferred with counsel for Appellees, on

December 11-12, 2025. This motion for extension is unopposed. This

extension is not sought for purposes of delay, but so that justice may

be done.

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

KELLIE E. BILLINGS-RAY
Chief, Environmental Protection Division

/s/ Ian Lancaster
IAN LANCASTER
Assistant Attorney General

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State Bar No. 24097964
ian.lancaster@oag.texas.gov

OFFICE OF THE ATTORNEY GENERAL
Environmental Protection Division
P. O. Box 12548, MC-066
Austin, Texas 78711-2548
Tel: (512) 463-2012 | Fax: (512) 463-0911

COUNSEL FOR APPELLANT

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Certificate of Conference

As required by Texas Rule of Appellate Procedure 10.1(a)(5), the
undersigned conferred with the listed counsel for Appellees regarding this
motion on December 11-12, 2025, who advised that Appellees were
unopposed to the motion and relief sought.

Certificate of Service

I hereby certify that on this 12th day of December 2025, a true and
correct copy of the foregoing has been served upon the parties listed below
via electronic service or email.

SARAH JANE UTLEY
Environmental Division Director
sarah.utley@harriscountytx.gov

BETHANY DWYER
Assistant County Attorney
bethany.dwyer@harriscountytx.gov

RYAN COOPER
Assistant County Attorney
ryan.cooper@harriscountytx.gov

HARRIS COUNTY ATTORNEY’S OFFICE
1019 Congress Avenue, 15th Floor
Houston, Texas 77002
Telephone: (713) 274-5124
Facsimile: (713) 437-4211

AND

Adam M. Friedman
afriedman@msmtx.com

Hailey Culhane
hculhane@msmtx.com

MCELROY, SULLIVAN, MILLER & WEBER, L.L.P.

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P.O. Box 12127
Austin, Texas 78711
Tel: (512) 327-8111
Fax: (512) 350-2681

COUNSEL FOR APPELLEE
HARRIS COUNTY, TEXAS

Amy Catherine Dinn
adinn@lonestarlegal.org

Caroline Crow
ccrow@lonestarlegal.org

Noor Mozaffar
nmozaffar@lonestarlegal.org

LONE STAR LEGAL AID
EQUITABLE DEVELOPMENT INITIATIVE
ENVIRONMENTAL JUSTICE TEAM
1415 Fannin
Houston, Texas 77002
Ph. (713) 652-0077 ext. 8108
Fax (713) 652-3141

COUNSEL FOR APPELLEES
SUPER NEIGHBORHOOD 48 TRINITY/ HOUSTON GARDENS,
DYERSFOREST HEIGHTS CIVIC CLUB, AND PROGRESSIVE
FIFTH WARD COMMUNITY ASSOCIATION

/s/ Ian Lancaster
IAN LANCASTER

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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.

James McCarley on behalf of Ian Lancaster
Bar No. 24097964
scott.mccarley@oag.texas.gov
Envelope ID: 109032347
Filing Code Description: Motion
Filing Description: Appellant's First Unopposed Motion for Extension of
Briefing Deadline
Status as of 12/12/2025 11:06 AM CST

Associated Case Party: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Name BarNumber Email TimestampSubmitted Status

Ian Lancaster ian.lancaster@oag.texas.gov 12/12/2025 10:59:15 AM SENT

James ScottMcCarley scott.mccarley@oag.texas.gov 12/12/2025 10:59:15 AM SENT

Associated Case Party: Harris County, Texas

Name BarNumber Email TimestampSubmitted Status

Adam M.Friedman afriedman@msmtx.com 12/12/2025 10:59:15 AM SENT

Hailey Culhane 24127440 hculhane@msmtx.com 12/12/2025 10:59:15 AM SENT

Sarah J. Utley sarah.utley@harriscountytx.gov 12/12/2025 10:59:15 AM SENT

Ryan Cooper 24123649 Ryan.Cooper@harriscountytx.gov 12/12/2025 10:59:15 AM SENT

Bethany Dwyer Bethany.Dwyer@harriscountytx.gov 12/12/2025 10:59:15 AM SENT

Associated Case Party: Super Neighborhood 48 Trinity/Houston Gardens

Name BarNumber Email TimestampSubmitted Status

Amy Dinn adinn@lonestarlegal.org 12/12/2025 10:59:15 AM SENT

Caroline Crow ccrow@lonestarlegal.org 12/12/2025 10:59:15 AM SENT

Noor Mozaffar nmozaffar@lonestarlegal.org 12/12/2025 10:59:15 AM SENT