The Aransas Project v. Shaw, et al., No. 13-40317 (5th Cir. 2014)
Annotate this CaseTAP filed suit against TCEQ under the Endangered Species Act, 16 U.S.C. 1531 et seq., seeking an injunction prohibiting TCEQ from issuing new permits to withdraw water from rivers that feed the estuary where whooping cranes make their winter homes. The district court granted the injunction, which also required TCEQ to seek an incidental-take permit (ITP) from the FWS. Because the deaths of the whooping cranes are too remote from TCEQ's permitting withdrawal of water from the San Antonio and Guadalupe Rivers, the state defendants could not be held liable for a take or for causing a take under the Act. The court concluded that the district court misapplied proximate cause analysis and, even if proximate cause had been proven, the injunction was an abuse of discretion. Accordingly, the court reversed the judgment of the district court.
The court issued a subsequent related opinion or order on December 15, 2014.
The court issued a subsequent related opinion or order on December 16, 2014.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.