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ARANSAS PROJECT v. SHAW

No. 13-40317.

775 F.3d 641 (2014)

The ARANSAS PROJECT, Plaintiff-Appellee, v. Bryan SHAW, in His Official Capacity as Chairman of the Texas Commission on Environmental Quality; Buddy Garcia, in His Official Capacity as Commissioner of the Texas Commission on Environmental Quality; Carlos Rubinstein, in His Official Capacity as Commissioner of the Texas Commission on Environmental Quality; Mark Vickery, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality; Al Segovia, in His Official Capacity as South Texas Watermaster, Defendants-Appellants, Guadalupe-Blanco River Authority; Texas Chemical Council; San Antonio River Authority, Intervenors Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 15, 2014.

Attorney(s) appearing for the Case

James B. Blackburn, Jr. , Blackburn Carter, P.C., Mary B. Conner , Charles William Irvine , Irvine & Conner, P.L.L.C., David Alfred Kahne , Law Office of David A. Kahne, Charles Patrick Waites , Johnson, Deluca, Kurisky & Gould, P.C., Houston, TX, John Jeffery Mundy , Mundy Firm, P.L.L.C., Austin, TX, for Plaintiff-Appellee.

Jonathan F. Mitchell , Solicitor General, Evan Scott Greene , Office of the Solicitor General, Austin, TX, for Defendants-Appellants.

Aaron Michael Streett , Molly Jan Cagle, Esq. , Carlos Ricardo Romo, Esq. , Evan A. Young , Michelle Shamblin Stratton , Baker Botts, L.L.P. Edward F. Fernandes , Hunton & Williams, L.L.P., Kenneth R. Ramirez , Counsel, Law Offices of Ken Ramirez, Amy L. Saberian , Enoch Kever, P.L.L.C., Edmond Robert McCarthy, Jr., Esq. , Jackson, Sjoberg, McCarthy & Townsend, L.L.P., Austin, TX, Kathy E.B. Robb , Hunton & Williams, L.L.P., New York, NY, Kathryn Smyth Snapka, Esq. , Trial Attorney, Snapka Law Firm, Corpus Christi, TX, Bruce Wasinger , Seguin, TX, David Wesley Ross, Esq. , Law Offices of Davd Ross, P.C., San Antonio, TX, for Defendants-Appellants.

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...

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