One year ago, in May 2021, TCEQ and Vulcan filed an appeal to the Third Court of Appeals attempting to overturn the decision rendered by District Court Judge Maya Guerra-Gamble vacating Vulcan’s air permit.
TCEQ and Vulcan requested that the appellate court hold oral arguments, in addition to the multiple written briefs and replies filed by both sides. The court recently denied their request. Previously filed briefs were formally assigned to a three-judge panel on April 19: Chief Justice Darlene Byrne, Justice Chari Kelly, and Woodfin (“Woodie”) Jones. (Until 2014, Judge Jones was chief justice of the court; then he retired. He remains a senior judge and can be assigned to judicial panels.)
No timeline has been given for the decision, but we will alert you via our email newsletter and social media accounts as soon as additional developments occur.
