A federal court case filed by environmentalists over the death of 23 whooping cranes in the Aransas National Wildlife Refuge may end up in the U.S. Supreme Court.
Who — or actually what — was responsible for the deaths of 23 whooping cranes three years ago could be headed for the U.S. Supreme Court. A Dec. 16 ruling by the federal appeals court in New Orleans puts the case one step closer to a final decision on the controversy.
The cranes died from starvation on the Aransas Nature Preserve during the 2008-2009 winter season. A non-profit conservation organization, The Aransas Project (TAP), filed a federal lawsuit charging that the Texas Commission on Environmental Quality (TCEQ) killed the birds by withholding freshwater from bays and estuaries. The lack of freshwater essentially killed off the endangered animals' food source.
The case has worked its way through the courts over the last year with decisions ping-ponging back and forth. The most recent decision came down in December 2014.
Other rulings on the way to what may be an ultimate decision in the U.S. Supreme Court included:
• 2013: U.S. District Court rules that the state is responsible for the deaths and violated the endangered Species Act.
• 2014: Fifth Circuitl Court of Appeals rules the TCEQ is not responsible for the deaths, calling the district court's decision an "abuse of discretion" because they could not have foreseen the result of the state's decision to stifle freshwater flows into the San Antonio Bay system.
Using the strong language of a dissent by three of the judges in December's ruling as inspiration, environmentalists say they plan to ask the U.S. Supreme court to make the final decision. The outcome will determine whether a conservation plan is needed to guarantee ample freshwater flow into the estuaries and if so, whether the state will come up with that plan on its own or be forced to implement one designed by the federal government.
