The U.S. Court of Appeals for the Fifth Circuit has made its decision concerning “The Aransas Project” court case involving the deaths of whooping cranes. The Appeals court reversed the district court’s opinion. Friends of the Wild Whoopers is sincerely saddened about this judgment. For your convenience we have inserted a summary of the decision and a link to the entire court’s decision.
Case: 13-40317 Document: 00512681291 Page: 1 Date Filed: 06/30/2014
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
THE ARANSAS PROJECT,
BRYAN SHAW, in His Official Capacityas Chairman of the Texas Commission on Environmental Quality;
BUDDY GARCIA, in His Official Capacityas Commissioner of the Texas Commission on Environmental Quality;
CARLOS RUBINSTEIN, in His Official Capacityas Commissioner of the Texas Commission on Environmental Quality;
MARK VICKERY, in His Official Capacityas Executive Director of the Texas Commission on Environmental Quality;
AL SEGOVIA, in His Official Capacity as South Texas Watermaster,
GUADALUPE-BLANCO RIVER AUTHORITY;TEXAS CHEMICAL COUNCIL; SAN ANTONIO RIVER AUTHORITY,
Appeals from the United States District Court for the Southern District of Texas
United States Court of Appeals Fifth Circuit
F I L E D
June 30, 2014
Lyle W. Cayce
Case: 13-40317 Document: 00512681291 Page: 2 Date Filed: 06/30/2014
Before JONES, SMITH, and GARZA, Circuit Judges.
After the deaths of some whooping cranes an endangered species The Aransas Project (“TAP”) sued directors of the Texas Commission on Environmental Quality (“TCEQ”) under the Endangered Species Act (“ESA” or the “Act”). TAP sought and was granted an injunction prohibiting TCEQ from issuing new permits to withdraw water from rivers that feed the estuary where the cranes make their winter home. The injunction also required TCEQ to seek an incidental–take permit (“ITP”) from the U.S. Fish and Wildlife Service (“FWS”). A motions panel of this court stayed the injunction pending appeal. We conclude that the district court’s opinion misapplies proximate cause analysis and further, even if proximate cause had been proven, the injunction is an abuse of di scretion. The judgment is reversed.
To read the entire court document click on the following link. whooping cranes decision
***** FOTWW’s mission is to protect the Aransas/Wood Buffalo population
of wild whooping cranes and their habitat. *****