Supreme Court hears dispute over timing and deliberative‑process privilege under Texas Public Information Act

May it please the court — counsel for the Texas Commission on Environmental Quality and the Sierra Club sparred at oral argument over two core questions: when an agency's request for an attorney‑general decision is timely under the Texas Public Information Act and whether the deliberative‑process privilege can shield communications with outside consultants.

The petitioner's side, represented at argument by counsel identified in the record as Mr. Wozdorf and Mr. Wasser, told the court that TCEQ submitted a timely request for an attorney‑general decision and that, even if it were late, the deliberative‑process privilege would justify withholding. Mr. Wasser emphasized three statutory bases for timeliness, including that “business days” under the Act do not include agency‑closed days, that an agency’s clarification request can reset the 10‑business‑day clock under section…