Aransas Project v. Bryan Shaw

After the deaths of some whooping cranes — an endangered species — The Ar-ansas Project (“TAP”) sued directors of the Texas Commission on Environmental Quality (“TCEQ”) under the Endangered Species Act (“ESA” or the “Act”). TAP sought and was granted an injunction prohibiting TCEQ from issuing new permits to withdraw water from rivers that feed the estuary where the cranes make their winter home. The injunction also required TCEQ to seek an incidental — take permit (“ITP”) from the U.S. Fish and Wildlife Service (“FWS”). A motions panel of this court stayed the injunction pending appeal. We…