AMERICAN STEWARDS OF LIBERTY v. DEPT. OF INTERIOR

No. 19-50321.

960 F.3d 223 (2020)

AMERICAN STEWARDS OF LIBERTY; Charles Shell; Cheryl Shell; Walter Sidney Shell Management Trust; Kathryn Heidemann; Robert V. Harrison, Plaintiffs John Yearwood; Williamson County, Texas, Intervenor Plaintiffs-Appellants-Cross Appellees v. DEPARTMENT OF INTERIOR; United States Fish and Wildlife Service; David Bernhardt, Secretary, U.S. Department of the Interior, in his official capacity; Margaret E. Everson, in her official capacity as Director of the U.S. Fish and Wildlife Service; Amy Lueders, in her official capacity as the Southwest Regional Director of the U.S. Fish and Wildlife Service, Defendants-Appellees-Cross Appellants Center for Biological Diversity; Travis Audubon; Defenders of Wildlife, Intervenor Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED May 29, 2020.


Attorney(s) appearing for the Case

Robert E. Henneke , Theodore Hadzi-Antich , Texas Public Policy Foundation, Chance Weldon , Austin, TX, for Intervenor Plaintiff-Appellant Cross-Appellee.

Varu Chilakamarri , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, for Intervenors Defendants-Appellees Cross-Appellants.

Ryan Adair Shannon, Esq. , Attorney, Center for Biological Diversity, Portland, OR, for Intervenors Defendants-Appellees Center for Biological Diversity and Travis Audubon.

Jason Craig Rylander, Esq. , Defenders of Wildlife, Washington, DC, for Defenders of Wildlife.

Trevor Caldwell Burrus , Ilya Shapiro, Esq. , Cato Institute, Washington, DC, for Amici Curiae Cato Institute, Southeastern Legal Foundation, and Mountain States Legal Foundation.

Jonathan Matthew Riches , Goldwater Institute, Phoenix, AZ, for Amicus Curiae Goldwater Institute.

Kyle Douglas Hawkins , Natalie Deyo Thompson , Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Amicus Curiae State of Texas.

Jason Everett Boatright , Attorney, Cantey Hanger, L.L.P., Dallas, TX, for Amicus Curiae Terry M. Wilson.

Paul J. Board, II , Attorney, Fisher-Broyles, L.L.P., Los Angeles, CA, for Amici Curiae American Farm Bureau Federation, Chamber of Commerce of the United States, National Association of Home Builders of the United States, National Federation of Independent Business Small Business Legal Center, Texas Farm Bureau.

Brian Wolfman , Georgetown Law Appellate Courts Immersion Clinic, Washington, DC, for Amicus Curiae Environmental Law Professors.

Before STEWART, DENNIS, and HAYNES, Circuit Judges.


The Bone Cave harvestman is a small arachnid known to live only in central Texas that is currently included on the federal endangered species list. In 2014, a non-profit group and several individuals, including John Yearwood, filed a petition with the U.S. Fish and Wildlife Service ("FWS") calling...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases