Texas Commission on Environmental Quality// Environmental Defense, Inc. v. Environmental Defense, Inc. and Sierra Club// Texas Commission on Environmental Quality, State Office of Administrative Hearings And Sandy Creek Energy Associates, L.P.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-07-00098-CV

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Appellant, Texas Commission on Environmental Quality// Cross-Appellant,

Environmental Defense, Inc.

v.

Appellees, Environmental Defense, Inc. and Sierra Club// Cross-Appellees,

Texas Commission on Environmental Quality, State Office of Administrative Hearings; and Sandy Creek Energy Associates, L.P.

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. D-1-GN-06-003957, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

This case involves an interlocutory appeal and cross-appeal from the trial court's order granting in part and denying in part a plea to the jurisdiction filed by appellant the Texas Commission on Environmental Quality. This Court issued an opinion abating this cause on April 13, 2007. The parties have now filed a joint motion to dismiss their respective appeal and cross-appeal. See Tex. R. App. P. 42.1. Accordingly, we reinstate this cause, grant the parties' motion, and dismiss the appeal and cross-appeal. Id.

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Jan P. Patterson, Justice

Before Chief Justice Law, Justices Patterson and Henson

Dismissed on Joint Motion

Filed: October 10, 2008