Friday, March 15, 2013

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Attorney General Abbott Seeks Emergency Stay of District Court’s Flawed Decision in Whooping Crane Case

AUSTIN — Texas Attorney General Greg Abbott today sought an emergency stay from the federal district court in the whooping-crane litigation, citing numerous legal flaws with the court’s decision. The State argues that the court incorrectly faulted the Texas Commission on Environmenal Quality (TCEQ) for the deaths of whooping cranes that live part-time along the Texas Gulf Coast, and exceeded its lawful authority by prohibiting TCEQ from issuing new water use permits for the Guadalupe and San Antonio Rivers.

If the ruling is not stayed or overturned by a federal appeals court, it could cause severe economic harm to the State and impose drastic federal regulations on the farms, ranches and communities along the Guadalupe and San Antonio Rivers. The Attorney General’s emergency stay application asks the court to stay its ruling while the State appeals the decision to prevent unnecessary economic hardship for the communities along the Guadalupe and San Antonio Rivers. “This astounding and far-reaching injunctive relief will impose irreparable harm on the State’s economy and its drought-affected residents,” Abbott wrote.

Media links
State's application for stay of the federal court order

If the district court does not issue an emergency stay, the State will immediately seek relief from the federal appeals court.