Monthly Archives: July 2014

5th Circuit Rules for TCEQ in Whooping Crane Case

The Fifth Circuit Court of Appeals reversed a lower court decision last week in Aransas Project v. Shaw, an important case involving claims that the TCEQ’s issuance of water rights permits violated the Endangered Species Act. Background In 2008 and 2009, 23 whooping cranes, which are considered endangered under the Federal Endangered Species Act, allegedly died in the Aransas National Wildlife Refuge.  This information was based on a survey by biologists.  Only four carcasses were actually located. In 2010, The Aransas Project, and environmental group filed suit claiming that the birds’ deaths… Read More →

July 3, 2014 Weekly Round Up

Last week I was in Denton, Texas speaking at the Denton County Agricultural Law Program.  County Extension Agent Brandon Boughen put together a great program for participants that included Wayne Hayenga on estate planning and myself discussing water law and agricultural leases.  Thanks to Brandon for all of his hard work! It has been a very busy week for news related to agricultural law.  Major decisions were issued by the New York Court of Appeals regarding local agencies’ rights to prohibit oil and gas production (read blog here) and by… Read More →