Texas Judicial

Branch

Supreme Court

Case: 12-0905
11/07/2012
Petition for Review/Cause under Rule 53.1
ENVIRONMENTAL PROCESSING SYSTEMS, L.C. 
FPL FARMING LTD. 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
01/02/2014Letter brief Event related to subsequent petition filed in case.Letter brief filed on behalf of FPL Farming, Ltd., submitted by Claudia Wilson Frost, DLA Piper, 1000 Louisiana Street, Suite 2800, Houston, TX  77002-5005, Phone (713) 425-8450, Fax (713) 300-6050. (HARD COPIES REC'D)
01/02/2014Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae filed on behalf of Texas Farm Bureau, submitted by Andy McSwain, Fulbright Winniford, P.C., P.O. Box 445, Waco, TX  76703-0445.  Phone (254) 776-6000, Fax (254) 776-8555.  (HARD COPIES REC'D)
09/24/2013Supplement to Amicus CuriaeReceived (instead of filed)Supplemental Amicus Brief filed on behalf of Texas Oil and Gas Association.  (HARD COPIES REC'D)
09/18/2013Reply brief filedEvent related to first petition filed in case.Reply Brief on the Merits filed on behalf of Environmental Processing Systems, LC. (HARD COPIES REC'D)
09/18/2013Reply brief filedEvent related to subsequent petition filed in case.Reply Brief on the Merits in support of Cross-Petition for Review. On behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
09/18/2013Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amici Curiae the Texas Chemical Council and the Underground Injection Technology Council in Support of Petitioner #1, EPS. Submitted by Jay L. Krystinik of Bryan Cave LLP of Dallas Texas.  (HARD COPIES REC'D)
08/02/2013Brief filedRespondentResponse Brief on the Merits filed on behalf of Environmental Processing Systems, L.C.  (HARD COPIES REC'D)
08/02/2013Brief filedRespondentRespondent's Brief on the Merits filed on behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
07/03/2013Response to Amicus Curiae Brief filedRespondentResponse to Amicus Brief filed on behalf of FPL Farming Ltd.  HARD COPIES RECEIVED.
07/03/2013Brief filedEvent related to subsequent petition filed in case.Petitioner's Brief on the Merits filed on behalf of FPL Farming Ltd.  HARD COPIES RECEIVED.
07/03/2013Brief filedPetitionerPetitioner's Brief on the Merits filed on behalf of Environmental Processing Systems.(HARD COPIES REC'D)
04/10/2013Amicus Curiae Brief receivedAmicus Curiae Brief of Amicus Curiae in Support of Petition for Review filed on behalf of Association of Energy Service Companies, submitted by Gardere Wynne Sewell, Ms. Leslie Ritchie Robnett, 600 Congress Avenue, Suite 3000, Austin, TX  78701, Phone (512) 542-7100.  (HARD COPIES REC'D)
03/20/2013Response to Amicus Curiae Brief filedRespondentResponse to Amicus brief filed on behalf of FPL Farming, Ltd. (HARD COPIES REC'D)
03/20/2013Reply filedPetitionerReply in Support of Cross-Petition for Review filed on behalf of FPL Farming Ltd. (HARD COPIES REC'D)
03/06/2013Amicus Curiae Brief receivedAmicus Curiae Amicus Brief in Support of Petitioner EPS filed on behalf of The Texas Council and The Underground Injection Technology Council.  (HARD COPIES REC"D)
03/06/2013Response to Petition for Review filed Response to Cross-Petition (Incorporated with Reply in Support of Petition for Review) filed on behalf of  Environmental Processing Systems, L.C. (HARD COPIES REC'D)
03/06/2013Reply filedPetitionerReply in Support of Petition for Review (Incorporated with Response to Cross-Petition) filed on behalf of  Environmental Processing Systems, L.C. (HARD COPIES REC'D)
01/18/2013Response to Petition for Review filedRespondentResponse to Environmental Processing's Petition for Review. On behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
01/18/2013Petition for Review #2 filedPetitionerCross-Petition for Review filed on behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
01/07/2013Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Texas Oil and Gas Association, submitted by Baker Botts L.L.P., Ms. Samara L. Kline, 2001 Ross Avenue,Suite 600, Dallas, TX  75201, Phone (214) 953-6825. (HARD COPIES REC'D)
12/19/2012Petition for Review filedPetitionerPetition for review filed by Craig T. Enoch on behalf of Environmental Processing Systems, L.C. (HARD COPIES REC'D)
Case Events
DateEvent TypeDescriptionDispositionRemarksDocument
01/07/2014Oral argument   argued on behalf of petitioner/cross-respondent by Craig Enoch; argued on behalf of respondent/cross-petitioner by Claudia Wilson Frost
01/07/2014Oral argument   argued on behalf of petitioner/cross-respondent by Craig Enoch; argued on behalf of respondent/cross-petitioner by Claudia Wilson Frost
01/02/2014Letter brief Event related to subsequent petition filed in case. Letter brief filed on behalf of FPL Farming, Ltd., submitted by Claudia Wilson Frost, DLA Piper, 1000 Louisiana Street, Suite 2800, Houston, TX  77002-5005, Phone (713) 425-8450, Fax (713) 300-6050. (HARD COPIES REC'D)
01/02/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae filed on behalf of Texas Farm Bureau, submitted by Andy McSwain, Fulbright Winniford, P.C., P.O. Box 445, Waco, TX  76703-0445.  Phone (254) 776-6000, Fax (254) 776-8555.  (HARD COPIES REC'D)
12/23/2013Oral Argument Submission Form from Attorney receivedPetitioner Oral argument submission form submitted by petitioner attorneys Craig Enoch and Melissa Lorber of Enoch Kever PLLC of Austin, TX
12/13/2013Oral Argument Submission Form from Attorney receivedEvent related to subsequent petition filed in case. Oral Argument will be presented by Claudia Wilson Frost on behalf of FPL Farming Ltd.
11/22/2013Case set for oral argumentIndicates filing of Petition for ReviewCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., January 7, 2014.  Time allotted to argue: 20/20 minutes.
11/22/2013Petition for Review disposed Filing granted 
11/22/2013Petition for Review granted   
11/22/2013Case set for oral argumentIndicates filing of Petition for ReviewCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., January 7, 2014.  Time alloted to argue: 20/20 minutes.
11/22/2013Petition for Review disposed Filing granted 
11/22/2013Petition for Review granted   
09/24/2013Supplement to Amicus CuriaeReceived (instead of filed) Supplemental Amicus Brief filed on behalf of Texas Oil and Gas Association.  (HARD COPIES REC'D)
09/18/2013Reply brief filedEvent related to first petition filed in case. Reply Brief on the Merits filed on behalf of Environmental Processing Systems, LC. (HARD COPIES REC'D)
09/18/2013Reply brief filedEvent related to subsequent petition filed in case. Reply Brief on the Merits in support of Cross-Petition for Review. On behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
09/18/2013Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amici Curiae the Texas Chemical Council and the Underground Injection Technology Council in Support of Petitioner #1, EPS. Submitted by Jay L. Krystinik of Bryan Cave LLP of Dallas Texas.  (HARD COPIES REC'D)
08/09/2013Motion for Extension of Time disposed.PetitionerFiling grantedMotion for Extension of Time to file Petitioner 2's Reply Brief on the Merits filed on behalf of FPL Farming Ltd. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief due September 18, 2013.
08/09/2013Motion for Extension of Time disposed.PetitionerFiling grantedMotion for Extension of time to file Petitioners Reply Brief on the Merits filed on behalf of Environmental Processing Systems, L.C. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief due September 18, 2013.
08/08/2013Motion for extension of time to file brief.Event related to subsequent petition filed in case. Motion for Extension of Time to file Petitioner 2's Reply Brief on the Merits filed on behalf of FPL Farming Ltd.
08/08/2013Motion for extension of time to file brief.Petitioner Motion for Extension of time to file Petitioners Reply Brief on the Merits filed on behalf of Environmental Processing Systems, L.C.
08/02/2013Brief filedRespondent Response Brief on the Merits filed on behalf of Environmental Processing Systems, L.C.  (HARD COPIES REC'D)
08/02/2013Brief filedRespondent Respondent's Brief on the Merits filed on behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
07/17/2013Motion for Extension of Time disposed.Event related to subsequent petition filed in case.Filing grantedMotion for Extension of Time to file Response Brief on the Merits filed on behalf of Cross-Petitioner FPL Farming, Ltd. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief due August 2, 2013; Reply Brief due August 19, 2013.
07/17/2013Motion for extension of time to file brief.Event related to subsequent petition filed in case. Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Cross-Petitioner FPL Farming, Ltd.
07/17/2013Motion for Extension of Time disposed.PetitionerFiling grantedMotion for Extension of Time to file Response Brief on the Merits filed on behalf of Environmental Processing Systems, L.C. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief due August 2, 2013; Reply Brief due August 19, 2013.
07/17/2013Motion for extension of time to file brief.Petitioner Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Environmental Processing Systems, L.C.
07/03/2013Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief filed on behalf of FPL Farming Ltd.  HARD COPIES RECEIVED.
07/03/2013Brief filedEvent related to subsequent petition filed in case. Petitioner's Brief on the Merits filed on behalf of FPL Farming Ltd.  HARD COPIES RECEIVED.
07/03/2013Brief filedPetitioner Petitioner's Brief on the Merits filed on behalf of Environmental Processing Systems.(HARD COPIES REC'D)
05/24/2013Motion for Extension of Time disposed.PetitionerFiling grantedPetitioner brief due 07/03/13; Response brief due 07/23/13; Reply brief due 08/07/13; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/24/2013Motion for extension of time to file brief.Joint motion filed Unopposed Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of Environmental Processing Systems, L.C. and FPL Farming Ltd.
05/08/2013Case Record Filed   Clerk's record (1V), supp clk's record (1V), reporter's record (19 V - V13-19 labeled as EXHIBITS), ant's br, ant's supp br, ape's br, ant's reply br, ape's (EPS) mo/re, amicus briefs (2 - The Underground Injection Technology Council & Texas Oil & Gas Assoc.), ant's letter brief of 7/3/12 (2), ant's letter br of 3/21/12, ant's letter br of 2/13/12, amicus brief of 5/24/12, ant's reply br of 5/24/12, opinion & judgment (non-blue backed)
05/03/2013Record Requested in Petition for Review  Record requested from the 9th COA
05/03/2013Brief on the Merits RequestedIndicates filing of Petition for Review Petitioner brief due 06/03/13; Response brief due 06/24/13; Reply brief due 07/09/13.
04/10/2013Amicus Curiae Brief receivedAmicus Curiae  Brief of Amicus Curiae in Support of Petition for Review filed on behalf of Association of Energy Service Companies, submitted by Gardere Wynne Sewell, Ms. Leslie Ritchie Robnett, 600 Congress Avenue, Suite 3000, Austin, TX  78701, Phone (512) 542-7100.  (HARD COPIES REC'D)
03/20/2013Response to Amicus Curiae Brief filedRespondent Response to Amicus brief filed on behalf of FPL Farming, Ltd. (HARD COPIES REC'D)
03/20/2013Reply filedPetitioner Reply in Support of Cross-Petition for Review filed on behalf of FPL Farming Ltd. (HARD COPIES REC'D)
03/12/2013Case forwarded to Court   
03/12/2013Case forwarded to Court   
03/06/2013Amicus Curiae Brief receivedAmicus Curiae  Amicus Brief in Support of Petitioner EPS filed on behalf of The Texas Council and The Underground Injection Technology Council.  (HARD COPIES REC"D)
03/06/2013Response to Petition for Review filed  Response to Cross-Petition (Incorporated with Reply in Support of Petition for Review) filed on behalf of  Environmental Processing Systems, L.C. (HARD COPIES REC'D)
03/06/2013Reply filedPetitioner Reply in Support of Petition for Review (Incorporated with Response to Cross-Petition) filed on behalf of  Environmental Processing Systems, L.C. (HARD COPIES REC'D)
02/06/2013Miscellaneous motion disposed. See Remarks.PetitionerFiling grantedMotion to file Response and Reply as a Combined Brief is granted.  Combined Brief is due March 6, 2013.
02/06/2013Motion for Extension of Time to File Response disposedRespondentFiling grantedMotion for Extension of Time to file Combined Response and Reply is granted.  Combined Brief is due March 6, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/01/2013Miscellaneous motion filed. Event related to first petition filed in case. Unopposed Motion for Leave to file Combined Brief INCORPORATED WITH Motion for Extension of Time to file Response and Reply .  Filed on behalf of Environmental Processing Systems, Inc.
02/01/2013Motion for Extension of Time to File ResponseRespondent Unopposed Motion for Extension of Time to file Response and Reply INCORPORATED WITH Motion for Leave to file Combined Brief.  Filed on behalf of Environmental Processing Systems, Inc.
01/18/2013Response to Petition for Review filedRespondent Response to Environmental Processing's Petition for Review. On behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
01/18/2013Petition for Review #2 filedPetitioner Cross-Petition for Review filed on behalf of FPL Farming Ltd.  (HARD COPIES REC'D)
01/07/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Oil and Gas Association, submitted by Baker Botts L.L.P., Ms. Samara L. Kline, 2001 Ross Avenue,Suite 600, Dallas, TX  75201, Phone (214) 953-6825. (HARD COPIES REC'D)
12/19/2012Petition for Review filedPetitioner Petition for review filed by Craig T. Enoch on behalf of Environmental Processing Systems, L.C. (HARD COPIES REC'D)
11/13/2012Motion for Extension of Time to File Petition for Review disposedPetitionerFiling grantedPetition is due December 19, 2012.
11/13/2012Letter FiledRespondent Letter to inform the Court that FPL Farming withdraws its opposition to EPS's request to extend the deadline to file its petition.
11/12/2012Response to Motion filedRespondent Response to Petitioner's Motion for Extension of Time to file Petition. On behalf of FPL Farming Ltd.
11/09/2012Phone call from Clerk's OfficeRespondent to Mr. Richart to inquire whether he is going to file a written response to petitioner's motion to extend time or not. He said that he will call back to let us know on Monday, Nov. 12.
11/07/2012Motion for Extension of Time to File Petition for Review filedPetitioner Opposed Motion for Extension of Time to file Petition for Review. On behalf of Environmental Processing Systems, L.C.
Calendars
Set DateCalendar TypeReason SetRemarks
01/07/2014Submitted (Awaiting Opinion)Submitted (Awaiting Opinion) 
Parties
PartyPartyTypeRepresentative
Association of Energy Service CompaniesAmicus CuriaeMr. Geoffrey H. Bracken
Mr. Peter Scaff
Mr. Mark A Mayfield
Ms. Leslie Ritchie Robnett
Environmental Processing Systems, L.C.PetitionerMr. Craig T. Enoch
Ms. Melissa Prentice Lorber
Mr. Richard G. Baker
The Texas Chemical CouncilAmicus CuriaeMr. Jay Lloyd Krystinik
Robert F. Van Voorhees
Thomas J. Adair  
Ms. Christina T. Wisdom  
Texas Farm BureauAmicus CuriaeMr. Andy McSwain
FPL Farming Ltd.RespondentMr. C. B. Stratton
Ms. Claudia Wilson Frost
Mr. Christopher Jene Richart
Mr. Hutson Brit Smelley
Honorable Justin Brett Busby
Mr. Paul L. Mitchell
Texas Oil and Gas AssociationAmicus CuriaeMs. Samara L. Kline
Court of Appeals Information:
Reverse & Remand 
383 SW3d 274, 09-13-12 
9th Court of Appeals 
Honorable Hollis Horton  
Trial Court Information
75th District Court 
Liberty 
Honorable Vann Culp 
CV71974 
 
 

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