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in view of impending lawsuit.

Important Upcoming Events

You will recall that the third ongoing legal matter takes place on Monday, December 1, 2014, when the City of Hempstead and CALH vs Waller County and Pintail Landfill, LLC, jury trial begins in the Waller County Courthouse, Hempstead.

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Internal Revenue Service 501(c)(3) Determination Letter

Dear CALH Member,
On August 6, 2014, the Internal Revenue Service (IRS) issued correspondence granting the request of the Citizens Against the Landfill in Hempstead (CALH) to be made a tax exempt charitable organization. In the correspondence, the IRS stated in part: “We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code.”

The effective date of our exempt status is June 26, 2011, the date of the initial creation of the organization. This means that any contributions made to CALH since June 26, 2011, are deductible for federal income tax purposes.

A special thank you goes to Debra Mergel, Attorney at Law, and Robert Fry, CPA, for their assistance in preparing this application to the IRS.
Your tax deductible donations can be sent to CALH, P.O. Box 871, Hempstead, TX 77445. Thank you for your continued support.

Citizens Against the Landfill in Hempstead

Status Update of October 24

Transfer Station Registration Suit (Hempstead and CALH vs. TCEQ and Pintail)

For less than 2 hours on September 3, Travis County District Court Judge Scott Jenkins heard oral arguments on the City of Hempstead’s and CALH's appeal of TCEQ's "registration" (essentially a permit) of Pintail’s transfer station. The main issue was whether TCEQ could interpret (or reinterpret) its rules to allow a recycling facility to be included under a transfer station registration.

Relying on the TCEQ’s own published explanation of its rules, CALH and the City argued that TCEQ was required to follow its rules, which do not allow recycling activities under merely a transfer station registration.

Although the judge was sympathetic to the City, CALH and the surrounding landowners, he said he must defer to any reasonable interpretation of TCEQ’s rules. The very next morning, the Court issued its decision denying the claims of CALH and the City. However, the decision did not explain the judge's reasoning; it merely stated his decision.

Both the City's and CALH’s legal teams disagree with the ruling. Therefore, at the appropriate time, a further filing of some sort will be made.

Landfill Permit Application Suit (Hempstead and CALH vs. TCEQ and Pintail)

This case was filed in Travis County District Court on January 9, 2013. The major issue (again) is that TCEQ has not followed its own rules. No hearing dates have been scheduled.

Contested Case Hearing on the Pintail Landfill Permit Application

On May 7, 2014, Pintail Landfill, LLC, filed a “direct referral” request for a Contested Case Hearing ("CCH") with TCEQ. As a result, the State Office of Administrative Hearings ("SOAH") held preliminary hearings in Hempstead on July 22 and September 4, 2014. These preliminary hearings identified the "Parties". Also, both City of Hempstead and CALH attorneys filed motions with the SOAH administrative judges. The detailed hearings on the landfill permit application will be held in Austin in SOAH's offices. As of October 1, 2014, the SOAH judges have denied all the previous motions and set June 1, 2015, for the start of main "contested" proceedings.

Hempstead & CALH vs. Waller Cty. & Pintail Landfill, LLC

Since the motion by Pintail for a change of venue was denied, the jury trial is scheduled to start on December 1, 2014, in the Waller County Courthouse. The trial is expected to take about a week and might possibly extend through a second week. The public may attend all trial sessions.

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