Aransas Project v. Bryan Shaw, et al

<> Aransas Project v. Bryan Shaw, et al - 12/16/14. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-40317. Petition for rehearing en banc the case involving the deaths of 23 endangered whooping cranes. 4 judges voted in favor of rehearing and 11 judges voted against rehearing. The petition was denied and a joint dissent was filed indicating, "If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don't like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal. . . The causal connection between TCEQ's failure to maintain freshwater inflows and a "take" of endangered whooping cranes is straightforward.