Fifth Circuit Court of Appeals Upholds Neches River NWR
by Gina Donovan, Houston Audubon Society
The Fifth Circuit Court of Appeals affirmed, on March 12th, the July 2008 decision by Judge Jorge A. Solis in favor of the Neches River National Wildlife Refuge in east Texas. The City of Dallas and the Texas Water Development Board had filed suit hoping to overturn creation of the Neches River National Wildlife Refuge to make way for a reservoir Dallas predicts might be needed in fifty years. Instead, Judge Solis upheld the U.S. Fish and Wildlife Service’s 2006 creation of the refuge.
Dallas and the TWDB contended the Fish and Wildlife Service failed to meet requirements of the National Environmental Policy Act by failing to do an adequate environmental assessment and by failing to cooperate with state and local officials.
After careful review, Judge Solis disagreed with the allegations and denied motions by Dallas and the TWDB to require a more detailed environmental study. Dallas and the TWDB appealed Judge Solis’ decision. Thursday, March 12, 2009, a three-judge panel affirmed the lower court ruling.
Biologists say the land within the boundaries of the Neches River National Wildlife Refuge is some of the least disturbed and highest-quality bottomland hardwood forest left in Texas, rated Priority 1 for acquisition by the U.S. Fish and Wildlife Service. By contrast, the reservoir proposed for the same site is one of many water supply options available to Dallas Water Utilities.
The Neches River’s towering oaks and hickories shelter wildlife and provide nuts and acorns that deer, squirrel, wild turkey, wood ducks, and other animals depend on in winter. Bushes, smaller plants, and understory trees such as dogwoods provide a diverse array of food for resident animals. The Refuge is located in the heart of the North American Central Flyway, the major “highway” for migrating ducks and songbirds. The waters of the Neches River sustain the exceptional habitat of the Big Thicket National Preserve, the Davy Crockett, and Angelina National Forests, various state parks and wildlife management areas, and the Sabine Lake estuary.
The City of Dallas and the Texas Water Development Board have 45 days from March 12th to appeal to the Supreme Court or ask for an en banc ruling. An en banc ruling is a request to the Fifth Circuit Court of Appeals to reconsider the three-judge panel ruling and have all judges (approximately twenty) of the Court rule. The Fifth Circuit can deny an en banc request and the Supreme Court can also deny a request for a hearing.
As soon as the U.S. Fish and Wildlife Service is allowed to accept land donations, pending an appeal, conservationists are poised to donate several thousand acres to the Neches River refuge. We look forward to celebrating a wonderful new refuge on the Neches! (Reprinted with permission from Houston Audubon’s website)