Request,Application: HARRIS COUNTY TEXAS vs. INTERNATIONAL PAPER COMPANY (SUCCESSOR TO CHAMPION

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                                Cause No. 2011 76724

HARRIS COUNTY, TEXAS, et al.                           IN THE DISTRICT COURT
    Plaintiffs,

                                                       HARRIS COUNTY, TEXAS
INTERNATIONAL PAPER
COMPANY, et al.
    Defendants                                         295th JUDICIAL DISTRICT


PLAINTIFF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
                 REQUEST TO SUPPLEMENT
                   THE CLERK’S RECORD

TO: Mr. Chris Daniel, District Clerk of Harris County, Texas, P.O. Box 4651,
    Houston, Texas 77210

      The Texas Commission on Environmental Quality (“TCEQ”) files this request

to supplement the Clerk’s Record. On April 17, 2015, Harris County filed its notice

of appeal of this Court’s Final Judgment and other orders. The TCEQ filed its notice

of appeal on April 22, 2015. The TCEQ is a statutory necessary and indispensable

party aligned as a plaintiff with Harris County to the claims asserted by Harris

County in the captioned case.The appeal of this case was assigned to the First Court

of Appeals in Houston, and given cause number 01-      -00354-CV.

      The TCEQ join         Plaintiff Harris County’s Request for Reporter’s Record

and Plaintiff Harris County’s Designation of Clerk’s Record filed on April 17, 2015.

The Clerk eventually filed a corrected Clerk’s Record with the First Court of Appeals

on October 13, 20. During the preparation of its brief, Defendant International
Paper identified some items that had not been included in the corrected Clerk’s

Record.     Those items were transmitted to the First Court of Appeals as the

Supplemental Clerk’s Record.

      In preparation for its reply and response brief, the TCEQ referred to the

corrected Clerk’s Record and Supplemental Clerk’s record and discovered that while

the Texas Commission on Environmental Quality’s Response to Defendant

International Paper’s Summary Judgement Motions Against Harris County (Image

number 62047938, filed 8/20/2014) (“TCEQ’s Response to IP’s MSJ”) was included

in the corrected Clerk’s Record, the exhibits attached to that document were not

included.

      In an effort to correct the error, the TCEQ specifically requests the following

documents to be included in a second supplemental Clerk’s Record:

 Image           Document Description                     Date Filed     Pages
 Number
 62047940        Proposed order deny all IP MSJs-LM       08/20/2014     2
Image      Document Description                     Date Filed   Pages
Number
62047941   Attachment 1 to Texas Commission on      08/20/2014   3
           Environmental Quality’s Response to
           Defendant     International   Paper’s
           Summary-Judgment Motions Against
           Harris County, Interim Order
           concerning the Petition of the
           Executive Director against Fina Oil
           and Chemical Company and Fina
           Pipeline Company, and responding to
           the Administrative Law Judge’s
           submission of six certified questions;
           SOAH Docket No. 0582-95-1044;
           TNRCC Docket No. 95-1004-ISW-E
           (November 22, 1999)
62047942   Exhibit 01 to Texas Commission on        08/20/2014   2
           Environmental Quality’s Response to
           Defendant     International   Paper’s
           Summary-Judgment Motions Against
           Harris County, Excerpt from the
           Deposition     of   IP’s    Corporate
           Representative
62047943   Exhibit 02 to Texas Commission on        08/20/2014   41
           Environmental Quality’s Response to
           Defendant     International    Paper’s
           Summary-Judgment Motions Against
           Harris County, February 10, 1965
           Champion Papers, Inc. (“Champion”)
           Memorandum        regarding     sludge
           disposal. BEND-003327-003366
62047944   Exhibit 03 to Texas Commission on        08/20/2014   10
           Environmental Quality’s Response to
           Defendant     International   Paper’s
           Summary-Judgment Motions Against
           Harris County, April 29, 1965 contract
           between Champion and Ole Peterson
           Construction Co. (“Ole Peterson”).
           MIMC-HC121474-121482
Image      Document Description                    Date Filed   Pages
Number
62047945   Exhibit 04 to Texas Commission on       08/20/2014   4
           Environmental Quality’s Response to
           Defendant     International   Paper’s
           Summary-Judgment Motions Against
           Harris County, September 15, 1965
           assignment of contract from Ole
           Peterson to McGinnes Industrial
           Maintenance Corporation (“MIMC”).
           IP0002336-2338
62047947   Exhibit 05 to Texas Commission on       08/20/2014   2
           Environmental Quality’s Response to
           Defendant     International   Paper’s
           Summary-Judgment Motions Against
           Harris County, July 29, 1965
           Champion Memorandum regarding
           additional barges for sludge disposal
           project. IP0002308
62047948   Exhibit 06 to Texas Commission on       08/20/2014   2
           Environmental Quality’s Response to
           Defendant     International   Paper’s
           Summary-Judgment Motions Against
           Harris County, December 28, 1965
           letter from Harris County Health
           Department to MIMC and Champion.
           IP0394132
62047949   Exhibit 07 to Texas Commission on       08/20/2014   6
           Environmental Quality’s Response to
           Defendant     International   Paper’s
           Summary-Judgment Motions Against
           Harris County, Texas Department of
           Health Memorandum regarding April
           22, 1966 investigation of San Jacinto
           River Waste Pits. MIMC-HC004021-
           00402
Image      Document Description                     Date Filed   Pages
Number
62047950   Exhibit 08 to Texas Commission on        08/20/2014   2
           Environmental Quality’s Response to
           Defendant    International     Paper’s
           Summary-Judgment Motions Against
           Harris County, 1965 letter from Harris
           County Health Department to Burma
           Engineering regarding San Jacinto
           River Waste Pits. IP0002301
62047951   Exhibit 09 to Texas Commission on        08/20/2014   4
           Environmental Quality’s Response to
           Defendant    International     Paper’s
           Summary-Judgment Motions Against
           Harris County, December 30, 1965
           Champion memorandum regarding
           waste sludge disposal. IP0394129-
           0394132
62047952   Exhibit 10 to Texas Commission on        08/20/2014   3
           Environmental Quality’s Response to
           Defendant    International     Paper’s
           Summary-Judgment Motions Against
           Harris County, July 14, 1966
           Champion Appropriation Request and
           Authorization for a Major Non-
           Routine Expense. IP0394057
62047955   Exhibit 11 to Texas Commission on        08/20/2014   6
           Environmental Quality’s Response to
           Defendant    International     Paper’s
           Summary-Judgment Motions Against
           Harris County, August 19, 1968
           Minutes of Special Meeting of the
           Board of Directors of McGinnes
           Industrial Maintenance Corporation.
           MIMC-00084-00088
Image      Document Description                      Date Filed   Pages
Number
62047956   Exhibit 12 to Texas Commission on         08/20/2014   15
           Environmental Quality’s Response to
           Defendant      International   Paper’s
           Summary-Judgment Motions Against
           Harris County, April 14, 2005 Letter
           from Texas Parks and Wildlife to
           TCEQ. IP0417926-0417939
62047957   Exhibit 13 to Texas Commission on         08/20/2014   28
           Environmental Quality’s Response to
           Defendant      International   Paper’s
           Summary-Judgment Motions Against
           Harris        County,        Unilateral
           Administrative Order for Remedial
           Investigation/Feasibility       Study.
           IP0000213-0000239
62047958   Exhibit 14 to Texas Commission on         08/20/2014   16
           Environmental Quality’s Response to
           Defendant      International   Paper’s
           Summary-Judgment Motions Against
           Harris County, Report of Texas
           Licensed State Land Surveyor Nedra J.
           Foster, October 4, 2013
62047959   Exhibit 15 to Texas Commission on         08/20/2014   25
           Environmental Quality’s Response to
           Defendant      International   Paper’s
           Summary-Judgment Motions Against
           Harris County, Report of Texas
           Licensed State Land Surveyor William
           E. Merten, August 16, 2013
62047972   Exhibit 16 to Texas Commission on         08/20/2014   37
           Environmental Quality’s Response to
           Defendant      International   Paper’s
           Summary-Judgment Motions Against
           Harris County, Report of Dr. John H.
           Pardue
Image      Document Description                     Date Filed   Pages
Number
62047973   Exhibit 17 to Texas Commission on        08/20/2014   8
           Environmental Quality’s Response to
           Defendant     International    Paper’s
           Summary-Judgment Motions Against
           Harris County, Excerpts from the
           deposition of Dr. John H. Pardue
62047974   Exhibit 18 to Texas Commission on        08/20/2014   2
           Environmental Quality’s Response to
           Defendant     International    Paper’s
           Summary-Judgment Motions Against
           Harris County, Excerpts from the
           deposition     of    the     Corporate
           Representative of Harris County, Dr.
           John H. Pardue
62047975   Exhibit 19 to Texas Commission on        08/20/2014   20
           Environmental Quality’s Response to
           Defendant     International    Paper’s
           Summary-Judgment Motions Against
           Harris County, Report of Dr. Phil
           Bedient
62047976   Exhibit 20 to Texas Commission on        08/20/2014   23
           Environmental Quality’s Response to
           Defendant     International    Paper’s
           Summary-Judgment Motions Against
           Harris County, Excerpts from the
           deposition of Dr. Phil Bedient
62047989   Exhibit 21 to Texas Commission on        08/20/2014   4
           Environmental Quality’s Response to
           Defendant     International    Paper’s
           Summary-Judgment Motions Against
           Harris County, Excerpts from the
           March 6, 2014 deposition of Dr. Phil
           Bedient
Respectfully submitted,


KEN PAXTON
Attorney General of Texas

CHARLES E. ROY
First Assistant Attorney General

JAMES E. DAVIS
Deputy Attorney General for Civil Litigation

PRISCILLA M. HUBENAK
Chief, Environmental Protection Division

/s/ Mary E. Smith______________
MARY E. SMITH
Assistant Attorney General
State Bar No. 24041947

ANTHONY W. BENEDICT
Assistant Attorney General
State Bar No. 02129100
LINDA B. SECORD
Assistant Attorney General
State Bar No. 17973400

Office of the Attorney General of Texas
Environmental Protection Division
P. O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 463-2012
(512) 320-0911 (Facsimile)
Mary.Smith@texasattorneygeneral.gov
Anthony.Benedict@texasattorneygeneral.gov
Linda.Secord@texasattorneygeneral.gov

ATTORNEYS FOR THE STATE OF TEXAS
                         CERTIFICATE OF SERVICE

       I certify that a copy of the Plaintiff Texas Commission on Environmental
Quality’s Request to Supplement the Clerk’s Record was served on each person
listed below via e-service and e-mail unless otherwise noted, on February 22, 2016.

                                          /s/ Mary E. Smith______________
                                            Mary E. Smith

Winstol D. Carter, Jr.
Allyson N. Ho
Craig A. Stanfield
MORGAN, LEWIS & BOCKIUS LLP
1000 Louisiana St., Suite 4000
Houston, Texas 77002
Telephone: (713) 890-5000
Facsimile: (713) 890-5001
Email: wcarter@morganlewis.com
Email: aho@morganlewis.com
Email: cstanfield@morganlewis.com
Attorneys for International Paper, Inc.

Debra Tsuchiyama Baker
Earnest W. Wotring
Michael Connelly
John Muir
David George
BAKER •WOTRING LLP
700 JPMorgan Chase Tower
600 Travis Street
Houston, Texas 77002
Email: dbaker@bakerwotring.com
Email: ewotring@bakerwotring.com
Email: jmuir@bakerwotring.com
Email: dgeorge@bakerwotring.com
Rock W.A. Owens
Vince Ryan
OFFICE OF HARRIS COUNTY ATTORNEY,
Terence L. O’Rourke
Special Assistant Harris County Attorney
Texas Bar No. 15311000
1019 Congress, 15th Floor
Houston, Texas 77002
Email: Rock.Owens@cao.hctx.net
Attorneys for Harris County