Jump to Navigation
Jump to Content

Aransas Project v. Shaw

ELR Citation: 44 ELR 20269
Nos. 13-40317, (5th Cir., 12/15/2014)

The Fifth Circuit denied a motion to rehear its earlier decision that the Texas Commission on Environmental Quality (TCEQ) did not cause the unlawful take of endangered whooping cranes in the Aransas National Wildlife Refuge in violation of ESA §9. All but 4 of the 15 circuit court judges voted against rehearing. Below, an environmental group alleged that TCEQ's failure to properly manage freshwater inflows into the San Antonio and Guadalupe bays during the 2008-2009 winter caused an unlawful take of the world’s only self-sustaining, wild whooping crane population. A district court agreed with the group, but the Fifth Circuit reversed, holding that the district court's finding of proximate cause and foreseeability are lacking as a matter of law.