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
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.
Combined Opinion