AUSTIN – The Texas Public Policy Foundation’s Kathleen Hartnett White, Distinguished Senior Fellow and Director for the Armstrong Center for Energy and Environment issued this statement regarding The Aransas Project v. Shaw verdict:
“Yesterday's decision represents a major victory both for Texas and for the rule of law. Had the district court's ruling been allowed to stand, it would have imposed a formidable obstacle to increasing the Texas water supply. The Endangered Species Act must not become a vehicle for the federal government to usurp the states' traditional authority to allocate water within their borders.
"It's impossible to exaggerate the importance of this victory for Texas and for all states. Environmentalists will no longer be able to manipulate the Endangered Species Act to take over the states' water and land use policies."
Mario Loyola, TPPF Senior Fellow, was counsel of record on the Foundation’s amicus brief, which urged the Court of Appeals to reverse the trial court's proximate causation analysis, because under that analysis the Endangered Species Act becomes a regulation of the states as states, which is unconstitutional according to the Supreme Court.
Kathleen Hartnett White is the Distinguished Senior Fellow in Residence and Director for the Armstrong Center for Energy and Environment at the Texas Public Policy Foundation, a non-profit, free-market research institute based in Austin.
The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin.
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