Aransas Project v. Bryan Shaw, et al

<> Aransas Project v. Bryan Shaw, et al - 12/16/14. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-40317. Petition for rehearing en banc the case involving the deaths of 23 endangered whooping cranes. 4 judges voted in favor of rehearing and 11 judges voted against rehearing. The petition was denied and a joint dissent was filed indicating, "If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don't like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal. . . The causal connection between TCEQ's failure to maintain freshwater inflows and a "take" of endangered whooping cranes is straightforward.

Aransas Project v. Bryan Shaw, et al

<> Aransas Project v. Bryan Shaw, et al – 6/30/14. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-40317. 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 Panel ruled, ". . .the injunction is an abuse of discretion. The judgment is reversed."

Aransas Project v. Bryan Shaw

<> Aransas Project v. Bryan Shaw - 6/22/15. In the U.S. Supreme Court, Docket No. 14-1138. Petition denied. The case from the Fifth Circuit involves the deaths of 23 endangered whooping cranes. The Aransas Project sued directors of the Texas Commission on Environmental Quality under the Endangered Species 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 was reversed by the Appeals Court and will now stand. Access the Fifth Court decisions