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ARANSAS PROJECT v. SHAW

No. 13-40317.

774 F.3d 324 (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 , Attorney, Charles William Irvine , Attorney, 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, Office of the Solicitor General for the State of Texas, Evan Scott Greene , Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Defendants-Appellants.

Aaron Michael Streett , Michelle Shamblin Stratton , Baker Botts, L.L.P., Houston, TX, Molly Jan Cagle, Esq. , Carlos Ricardo Romo, Esq. , Evan A. Young , Attorney, Baker Botts, L.L.P., Edward F. Fernandes , Attorney, 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 , Attorney, Hunton & Williams, L.L.P., New York, NY, Kathryn Smyth Snapka, Esq. , Trial Attorney, Snapka Law Firm, Corpus Christi, TX, Brace Wasinger , Seguin, TX, David Wesley Ross, Esq. , Law Offices of Davd Ross, P.C., San Antonio, TX, for Intervenors Defendants-Appellants.

Before JONES, SMITH, and GARZA, Circuit Judges.

ON PETITION FOR REHEARING AND REHEARING EN BANC

(Opinion June 30, 2014, 756 F.3d 801)

The court having been polled on the modified opinion attached hereto at the request of one of its members, and a majority of the judges who are in regular active service...

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