United States Fifth Circuit

In an action by a city against the Fish & Wildlife Service based on the agency's establishment of a conservation easement on the city's land, summary judgment for Defendant is affirmed, where the FWS considered a reasonable range of alternatives before creating the easement, and was not required to consider the impact on a potential water source.

Appellate Information

• Decided 03/12/2009
• Published 03/12/2009

Judges

• ENGELHARDT, District Judge:, Before SMITH and SOUTHWICK, Circuit Judges, and ENGELHARDT, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Thomas H. Edwards (argued), Austin, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Anna T. Katselas (argued), Brian McLachlan, U.S Dept. of Justice, Environment & Nat. Resources Div., Washington, DC, Katherine Savers McGovern, Asst. U.S. Atty., Dallas, TX, for Defendants-Appellees.