State of Texas et al v. Crabtree et al, No. 1:2013cv00070 - Document 47 (S.D. Tex. 2013)

Court Description: MEMORANDUM OPINION AND ORDER granting 18 MOTION for Summary Judgment and Brief in Support, granting 36 Cross MOTION for Summary Judgment, denied 31 Cross MOTION for Summary Judgment. Under 16 U.S.C. § 2201, this Court hereby f inds the Emergency Rule was not promulgated in accordance with established law, is contrary to statutory provisions, and was adopted without observance of the procedure required by law, and therefore in violation of 5 U.S.C. § 706(2)(A), (B), and (D). The Emergency Rule, 78 Fed. Reg. 17882, is therefore void and of no force and effect and shall not be enforced. (Signed by Judge Andrew S. Hanen) Parties notified.(avleal, )