Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox And the City of Hempstead v. Texas Commission on Environmental Quality and Pintail Landfill, L.L.C. ( 2015 )

ACCEPTED 03-14-00718-CV 5666395 THIRD COURT OF APPEALS Law Office of AUSTIN, TEXAS 6/12/2015 7:15:20 PM Michael S. Truesdale, PLLC JEFFREY D. KYLE CLERK Michael S. Truesdale mike@truesdalelaw.com Board Certified • Civil Appellate Law FILED IN Texas Board of Legal Specialization 3rd COURT OF APPEALS AUSTIN, TEXAS June 12, 2015 6/12/2015 7:15:20 PM JEFFREY D. KYLE Honorable Jeffrey Kyle, Clerk Clerk Third Court of Appeals P.O. Box 12547 Austin, TX 78711 Re: 03-14-00718-CV, Citizens against the Landfill in Hempstead et al. v. Texas Commission on Environmental Quality, et al. Response to Appellants’ Motion to Reconsider Denial of Oral Argument Dear Mr. Kyle: Please file this letter with the papers in the above-captioned case. On June 9, 2015, Appellants filed a motion to reconsider the denial of their request for oral argument. Pintail Landfill, LLC files this letter in response. For the reasons set forth in its Brief of Appellee, Pintail opposes the Motion. While Appellants contend the case raises “issues of first impression”, they do not identify any such issues, nor do they explain why any such issues are so complicated that they cannot be resolved based upon the briefing provided by top-tier counsel at every stage in this case. Nor did they identify such issues or rely upon such a ground in their initial statement regarding oral argument. Finally, while Appellants contend that oral argument is needed to “bring clarity” to the written arguments, they do not explain what deficiency exists in the briefing that needs to be clarified. Pintail Landfill, LLC is willing to stand by its briefing without oral submission, as the case simply does not warrant anything more than submission on the briefs. Accordingly, Pintail Landfill, LLC opposes the motion requesting reconsideration of the denial of oral argument, reserving its right to participate and present oral argument in the event the motion is granted. Respectfully submitted, /s/ Michael S. Truesdale Michael S. Truesdale SBN 00791825 Counsel for Appellee Pintail Landfill, LLC 801 West Avenue, Suite 201 Austin, Texas 78701 512.482.8671 (ofc) • 866.847.8719 (fax) • www.truesdalelaw.com Honorable Jeffrey Kyle June 12, 2015 Page 2 CERTIFICATE OF SERVICE On June 12, 2015, the undersigned certifies that he served a copy of this letter on the following counsel by e-service: V. Blaire Peña Monica M. Jacobs Terry L. Scarborough Diana L. Nichols Michael L. Woodward Kelly Hart & Hallman LLP Wesley P. McGuffey 301 Congress Avenue, Suite 2000 Hance Scarborough, LLP Austin, Texas 78701 400 West 15th Street, Suite 9500 Attorneys for City of Hempstead Austin, TX 78701 Attorneys for Citizens Against the Landfill in Hempstead Nancy Olinger, Assistant Attorney General Cynthia Woelk, Assistant Attorney General P.O. Box 12548, Capitol Station (MC-066) Austin, TX 78711-2548 Attorneys for the Texas Commission on Environmental Quality /s/ Michael S. Truesdale Michael S. Truesdale 801 West Ave., Suite 201, Austin, Texas 78701 512.482.8671 (ofc) • 866.847.8719 (fax) • www.truesdalelaw.com