|Whooping crane in Texas in flight. John Noll/USDA|
That said, per the story, it looks like we're headed to the Supreme Court with this; Houston environmental attorney Jim Blackburn has already pledged an appeal.
As he well should. TCEQ doesn't even want to live up to the E in its name.
And, the Fifth Circuit in general is not known for being very enlightened, as dissenting judge Edward Prado pointed out:
Indeed. Not surprising, though, is it?
The case was originally heard at the district level early last year.
“Inactions and refusal to act by the TCEQ defendants proximately caused an unlawful ‘take’ of at least twenty-three whooping cranes” in violation of the endangered species act, Jack held.
The biggie that she said drought was and is no excuse.
And, the drought is likely, in at least some degree, to stick around for a while. And, unlike TCEQ, the Lower Colorado River Authority has, at least in the past, been cognizant of this.