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UNITED STATES v. ABBOTT

No. 23-50632.

87 F.4th 616 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Greg ABBOTT, in his capacity as Governor of the State of Texas; State of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED December 1, 2023.

Attorney(s) appearing for the Case

Michael Thomas Gray (argued) , Andrew Marshall Bernie , Andrew D. Knudsen , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Brian H. Lynk, Esq. , Trial Attorney, U.S. Department of Justice, Environmental Defense Section, Washington, DC, Landon Wade , U.S. Attorney's Office, Western District of Texas, Austin, TX, for Plaintiff-Appellee.

Ari Cuenin , Office of the Attorney General, Solicitor General Division, Austin, TX, Munera Al-Fuhaid , Office of the Attorney General of Texas, Austin, TX, Monroe David Bryant, Jr. , Ryan Daniel Walters , Attorney, Office of the Attorney General of Texas, Special Litigation Unit, Austin, TX, Lanora Christine Pettit (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Coy Allen Westbrook , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, for Defendant-Appellant Greg Abbott.

Ari Cuenin , Office of the Attorney General, Solicitor General Division, Austin, TX, Munera Al-Fuhaid , Office of the Attorney General of Texas, Austin, TX, Monroe David Bryant, Jr. , Ryan Daniel Walters , Attorney, Office of the Attorney General of Texas, Special Litigation Unit, Austin, TX, Lanora Christine Pettit (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, for Defendant-Appellant State of Texas.

Before King, Willett, and Douglas, Circuit Judges.

In July 2023, Texas, at the direction of Governor Greg Abbott, installed a floating barrier in the Rio Grande near Eagle Pass, Texas. The United States filed a civil enforcement action against Texas, alleging that installment of the barrier violated the Rivers and Harbors Appropriation Act of 1899 ("RHA"). The United...

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