Refusing to regulate water use through the endangered species act does not mean water use is unregulated

July 28, 2014 | By TONY FRANCOIS

Last week I commented on the Fifth Circuit’s favorable decision in The Aransas Project v. Shaw.  An interested reader (who also appears to be a member of the plaintiff organization in the Aransas case) posted a reply of sorts, asserting that I “seem to believe there should be no regulation of water from lakes in … ...


Federal court rejects state liability for take of endangered whooping cranes based on issuing water right permits

July 21, 2014 | By TONY FRANCOIS

In a recent decision, the Fifth Circuit Court of Appeals held that Texas’ water rights permitting system did not result in illegal take of endangered whooping cranes merely because water was legally diverted from rivers that ultimately flow to one of the rare birds’ habitats on the Texas Gulf Coast. This is an important victory … ...