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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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Update on Transfer Station Appeal

Dear CALH Member,

On September 3, 2014, Travis County District Court Judge Scott Jenkins heard oral argument on CALH and the City of Hempstead’s appeal of Pintail’s “transfer station” registration (that authorizes a recycling facility). The Court has rendered judgment denying the claims of CALH and the City. A link to a copy of the the judgment is below.

The Court focused argument on the primary issue, and questioned whether the TCEQ could interpret its rules to authorize a recycling facility through a transfer station registration. Relying on the TCEQ’s own published reading of the plain language of its rules, CALH and the City argued that TCEQ was required to follow its rules, which do not allow a transfer station to authorize recycling activities without proper justification that the explicit requirements to authorize by registration rather than with a permit were satisfied.[1] The judge spoke following the arguments, stating that, while he was disturbed by the TCEQ’s actions in this registration and was sympathetic to the City and the surrounding landowners, he must defer to any reasonable interpretation of TCEQ’s rules.

CALH’s legal team disagrees with the ruling, and we are assessing the options to overturn this ruling, including appealing the decision to the Third Court of Appeals located in Austin. The interpretation of the rules to authorize a recycling facility through a transfer station registration is not reasonable and contradicts TCEQ rules. It is not reasonable to call an apple an orange.

Sincerely,
Citizens Against the Landfill in Hempstead

Judgement Documents:

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.

Sincerely,
Citizens Against the Landfill in Hempstead

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