Case: General Land Office of the State of Texas v. United States Department of the Interior

1:23-cv-00169 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 12, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerned a Texas state agency's effort to delist the golden-cheeked warbler from the federal list of endangered species.  On January 12, 2022, the General Land Office of the State of Texas filed a complaint in the U.S. District Court for the Western District of Texas (Waco Division) against the United States Department of the Interior (DOI) and the United States Fish and Wildlife Service (Wildlife Service). The General Land Office used revenues generated from selling public school la…

This case concerned a Texas state agency's effort to delist the golden-cheeked warbler from the federal list of endangered species. 

On January 12, 2022, the General Land Office of the State of Texas filed a complaint in the U.S. District Court for the Western District of Texas (Waco Division) against the United States Department of the Interior (DOI) and the United States Fish and Wildlife Service (Wildlife Service). The General Land Office used revenues generated from selling public school lands and leasing the mineral rights, and it put that revenue towards the Permanent School Fund. The General Land Office alleged that it was losing education funding revenue due to the Wildlife Service’s continued denial of a petition to delist the golden-cheeked warbler from the Endangered Species List, which imposed restrictions on General Land Office’s use of the property and lowered the property’s market value.

This lawsuit was a follow-up to a lawsuit over the same issue in 2017, in which the Wildlife Service denied the so-called “delisting petition” filed by Texans for Positive Economic Policy, Susan Combs, the Texas Public Policy Foundation, and the Reason Foundation, who sought to de-list the golden-cheeked warbler from the Endangered Species List. Ultimately, in that 2017 litigation, the U.S. Court of Appeals for the Fifth Circuit held that the Wildlife Service’s denial of the citizen petition violated the Endangered Species Act and was arbitrary and capricious because it applied an inappropriately stringent standard that was not authorized by the Endangered Species Act or the then-applicable regulations. The Fifth Circuit remanded the matter back to the Wildlife Service to reconsider the petition. Gen. Land Office of Tex. v. United States DOI, 947 F.3d 309 (5th Cir. 2020).

On remand, the Wildlife Service again denied the de-listing petition for the removal of the golden-cheeked warbler from the List. This lawsuit followed that second denial. 

In this lawsuit, the General Land Office challenged the second denial of the delisting petition as a violation of the Endangered Species Act and as arbitrary and capricious decision-making under the Administrative Procedures Act. First, they alleged that the Wildlife Service defied the Fifth Circuit’s prior order by requiring an erroneously high standard for de-listing. The General Land Office alleged that the Wildlife Service applied the same incorrect standard in the second petition denial as it did in the first petition, notwithstanding the Fifth Circuit’s rejection of that standard, and that the purported requirement that the petition offer proof of recovery of the warbler, at the 90-day petition stage, exceeded the requirements set forth in the Endangered Species Act. The General Land Office further alleged that the Wildlife Service erroneously based its denial of the petition on species recovery plans that did not have the force of law, rather than on the Act. Next, the General Land Office asserted that the Wildlife Service failed to address key information in the petition that was favorable for the removal of the warbler’s endangered status, including the bird’s habitat and population. Finally, the General Land Office alleged that the original listing of the warbler on the Endangered Species List was based on erroneous scientific information and that the Wildlife Service had not considered that in its denial of the delisting petition. The complaint requested injunctive and declaratory relief and litigation costs. This case was assigned to Judge Alan D. Albright.

The Department of the Interior and the Wildlife Service filed a motion to change venue to the Austin Division of the Western District of Texas on March 15, 2022. This venue change was granted on December 20, 2022, resulting in a new docket number and reassignment to Judge Lee Yeakel. 

Thereafter, the General Land Office filed a motion for summary judgment on December 19, 2023, to which the Department of the Interior and the Wildlife Service responded on February 19, 2024. As of April 2024, the motion remains pending and this case is ongoing. 

Summary Authors

Samantha Houghton (3/21/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66809238/parties/general-land-office-of-the-state-of-texas-v-united-states-department-of/


Judge(s)

Albright, Alan D. (Texas)

Attorney for Plaintiff

Hadzi-Antich, Theodore (Texas)

Henneke, Robert E (Texas)

Mighell, Connor W. (Texas)

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Documents in the Clearinghouse

Document
1

6:22-cv-00044

Complaint for Injunctive and Declaratory Relief

Jan. 12, 2022

Jan. 12, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66809238/general-land-office-of-the-state-of-texas-v-united-states-department-of/

Last updated March 31, 2024, 5:34 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF ( Filing fee $ 402 receipt number 0542-15605967), filed by General Land Office of the State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(Hadzi-Antich, Theodore) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
2

REQUEST FOR ISSUANCE OF SUMMONS by General Land Office of the State of Texas. (Hadzi-Antich, Theodore) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER

All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad)

Jan. 12, 2022

Jan. 12, 2022

PACER
4

Summons Issued as to Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams, U.S. Attorney and U.S. Attorney General (lad) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER

Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Jeffrey C. Manske. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE (lad)

Jan. 12, 2022

Jan. 12, 2022

PACER
5

NOTICE of Attorney Appearance by Robert E Henneke on behalf of General Land Office of the State of Texas. Attorney Robert E Henneke added to party General Land Office of the State of Texas(pty:pla) (Henneke, Robert) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
6

NOTICE of Attorney Appearance by Connor W. Mighell on behalf of General Land Office of the State of Texas. Attorney Connor W. Mighell added to party General Land Office of the State of Texas(pty:pla) (Mighell, Connor) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER

Parties shall comply with Judge Albright's updated standing orders and COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda)

March 10, 2022

March 10, 2022

PACER
7

NOTICE of Attorney Appearance by Devon L. Flanagan on behalf of Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. Attorney Devon L. Flanagan added to party Deb Haaland(pty:dft), Attorney Devon L. Flanagan added to party Amy Lueders(pty:dft), Attorney Devon L. Flanagan added to party United States Department of the Interior(pty:dft), Attorney Devon L. Flanagan added to party United States Fish and Wildlife Service(pty:dft), Attorney Devon L. Flanagan added to party Martha Williams(pty:dft) (Flanagan, Devon) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
8

Opposed MOTION to Change Venue to the Austin Division of the Western District of Texas by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. (Attachments: # 1 Exhibit A: GLO I Complaint, # 2 Exhibit B: GLO I Second Am. Complaint, # 3 Exhibit C: Zerrenner Declaration, # 4 Exhibit D: GLO I American Stewards of Liberty Motion). Motions referred to Judge Jeffrey C. Manske. (Flanagan, Devon) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
9

ANSWER to 1 Complaint, by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams.(Flanagan, Devon) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
10

Response in Opposition to Motion, filed by General Land Office of the State of Texas, re 8 Opposed MOTION to Change Venue to the Austin Division of the Western District of Texas filed by Defendant United States Fish and Wildlife Service, Defendant Deb Haaland, Defendant United States Department of the Interior, Defendant Martha Williams, Defendant Amy Lueders (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hadzi-Antich, Theodore) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
11

MOTION to Intervene by Save Our Springs Alliance. Motions referred to Judge Jeffrey C. Manske. (zv) (Additional attachment(s) added on 4/5/2022: # 1 Proposed Answer) (zv). (Entered: 04/05/2022)

April 4, 2022

April 4, 2022

PACER
12

REPLY to Response to Motion, filed by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams, re 8 Opposed MOTION to Change Venue to the Austin Division of the Western District of Texas filed by Defendant United States Fish and Wildlife Service, Defendant Deb Haaland, Defendant United States Department of the Interior, Defendant Martha Williams, Defendant Amy Lueders (Flanagan, Devon) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

PACER
13

Response in Opposition to Motion, filed by General Land Office of the State of Texas, re 11 MOTION to Intervene filed by Movant Save Our Springs Alliance (Hadzi-Antich, Theodore) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
14

REPLY to Response to Motion, filed by Save Our Springs Alliance, re 11 MOTION to Intervene filed by Movant Save Our Springs Alliance (Bunch, William) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
15

Joint MOTION for Entry of Scheduling Order Deadlines by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Flanagan, Devon) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
16

NOTICE of Lodging Administrative Record by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams (Attachments: # 1 Exhibit A - Administrative Record Certification, # 2 Exhibit B - Copy of Administrative Record Index)(Flanagan, Devon) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
17

Joint MOTION for Entry of Scheduling Order Deadlines, superseding Joint Motion for Entry of Scheduling Order (ECF No 15) by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Flanagan, Devon) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
18

Opposed MOTION to supplement the Administrative Record by General Land Office of the State of Texas. (Attachments: # 1 Exhibit A - Mueller Study, # 2 Exhibit B - 2015 Petition, # 3 Exhibit C - Conference Agenda, # 4 Exhibit D - Current Index to AR, # 5 Exhibit E - Uncited Items, # 6 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Hadzi-Antich, Theodore) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
19

Response in Opposition to Motion, filed by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams, re 18 Opposed MOTION to supplement the Administrative Record filed by Plaintiff General Land Office of the State of Texas (Attachments: # 1 Exhibit A: Smith-Castro Declaration, # 2 Exhibit B: Florence Declaration)(Flanagan, Devon) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
20

REPLY to Response to Motion, filed by General Land Office of the State of Texas, re 18 Opposed MOTION to supplement the Administrative Record filed by Plaintiff General Land Office of the State of Texas (Hadzi-Antich, Theodore) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
21

Unopposed MOTION for Leave to File Sur-Reply by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. (Attachments: # 1 Proposed Order, # 2 Brief : Proposed Sur-Reply, # 3 Exhibit 1: Harper Declaration). Motions referred to Judge Jeffrey C. Manske. (Flanagan, Devon) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER

Text Order GRANTING 21 Motion for Leave to File entered by Judge Jeffrey C. Manske. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MQlc)

Sept. 6, 2022

Sept. 6, 2022

PACER
22

Sur-reply to 18 Opposed MOTION to supplement the Administrative Record filed by Plaintiff General Land Office of the State of Texas, filed by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. (Attachments: # 1 Harper Declaration)(lad) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
23

Opposed MOTION to supplement Save Our Springs Alliance's Motion to Intervene by Save Our Springs Alliance. (Attachments: # 1 Exhibit EX A to Bunch Decl. May 17, 2022 Email, # 2 Affidavit Bunch Declaration, # 3 Proposed Order Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Bunch, William) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
24

Response in Opposition to Motion, filed by General Land Office of the State of Texas, re 23 Opposed MOTION to supplement Save Our Springs Alliance's Motion to Intervene filed by Movant Save Our Springs Alliance (Hadzi-Antich, Theodore) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
25

REPLY to Response to Motion, filed by Save Our Springs Alliance, re 23 Opposed MOTION to supplement Save Our Springs Alliance's Motion to Intervene filed by Movant Save Our Springs Alliance (Bunch, William) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
26

NOTICE of Attorney Appearance by Victoria Ann Rose on behalf of Save Our Springs Alliance. Attorney Victoria Ann Rose added to party Save Our Springs Alliance(pty:mov) (Rose, Victoria) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
27

NOTICE of Attorney Appearance by Caitlyn Faye Cook on behalf of Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. Attorney Caitlyn Faye Cook added to party Deb Haaland(pty:dft), Attorney Caitlyn Faye Cook added to party Amy Lueders(pty:dft), Attorney Caitlyn Faye Cook added to party United States Department of the Interior(pty:dft), Attorney Caitlyn Faye Cook added to party United States Fish and Wildlife Service(pty:dft), Attorney Caitlyn Faye Cook added to party Martha Williams(pty:dft) (Cook, Caitlyn) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
28

Minute Entry for proceedings held before Judge Jeffrey C. Manske: Status Conference held on 10/19/2022. A STATUS CONFERENCE WAS HELD. COUNSEL FOR THE PARTIES ENTERED APPEARANCES. PARTIES DISCUSSED PENDING MOTIONS AND DEADLINES. THE COURT WILL ENTER AN ORDER BY NOVEMBER 5, 2022. HEARING CONCLUDED. (Minute entry documents are not available electronically.). (Court Reporter FTR.)(lad) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
29

REPORT AND RECOMMENDATIONS re 8 Motion to Change Venue, filed by United States Fish and Wildlife Service, Deb Haaland, United States Department of the Interior, Martha Williams, Amy Lueders. Signed by Judge Jeffrey C. Manske. (lad) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER

CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske. (lad)

Oct. 21, 2022

Oct. 21, 2022

PACER
30

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 29 Report and Recommendations, Granting 8 Motion to Change Venue. Case will be transferred to the Austin Division of TXWD. Signed by Judge Alan D Albright. (lad) (Entered: 12/20/2022)

Dec. 20, 2022

Dec. 20, 2022

PACER

Case transferred in from Waco Division on 02/09/2023 Case Number 6:22-cv-44., filed by General Land Office of the State of Texas.(cr5)

Feb. 9, 2023

Feb. 9, 2023

PACER

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5)

Feb. 9, 2023

Feb. 9, 2023

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5)

Feb. 9, 2023

Feb. 9, 2023

PACER
31

Case Transfer and Opening Letter sent to all Counsel. (cr5) (Entered: 02/13/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER

Case Transferred In - Divisional Transfer

Feb. 13, 2023

Feb. 13, 2023

PACER

Case Assigned/Reassigned

Feb. 13, 2023

Feb. 13, 2023

PACER

To be Referred to AU Mag Judge

Feb. 13, 2023

Feb. 13, 2023

PACER
31

Case Opening Letter

Feb. 13, 2023

Feb. 13, 2023

PACER

Case Transferred In - Divisional Transfer

Feb. 13, 2023

Feb. 13, 2023

PACER

Case Assigned/Reassigned

Feb. 13, 2023

Feb. 13, 2023

PACER

To be Referred to AU Mag Judge

Feb. 13, 2023

Feb. 13, 2023

PACER
32

ORDER GRANTING Movant Save Our Springs Alliance's 11 MOTION to Supplement the Motion to Intervene; ORDER DISMISSING WITHOUT PREJUDICE Joint 15 Joint MOTION for Entry of Scheduling Order Deadlines; DISMISSING WITHOUT PREJUDICE Joint 17 MOTION for Entry of Scheduling Order Deadlines'; ORDER DISMISSING WITHOUT PREJUDICE Plaintiff General Land Office of the State of Texas' 18 Opposed MOTION to supplement the Administrative Record; ORDER GRANTING Movant Save Our Spring Alliance's 23 Opposed MOTION to supplement the Motion to Intervene. Signed by Judge Lee Yeakel. (klw) (Entered: 03/31/2023)

March 30, 2023

March 30, 2023

PACER
32

~Util - Terminate Motions AND Order

March 31, 2023

March 31, 2023

PACER
33

Appear Pro Hac Vice

April 4, 2023

April 4, 2023

PACER
34

Appear Pro Hac Vice

April 4, 2023

April 4, 2023

PACER
33

MOTION to Appear Pro Hac Vice by Victoria Ann Rose for Elizabeth Forsyth ( Filing fee $ 100 receipt number ATXWDC-17278638) by on behalf of Save Our Springs Alliance. (Rose, Victoria) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
34

MOTION to Appear Pro Hac Vice by Victoria Ann Rose for Sharmeen Morrison ( Filing fee $ 100 receipt number ATXWDC-17278711) by on behalf of Save Our Springs Alliance. (Rose, Victoria) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
35

Order on Motion to Appear Pro Hac Vice

April 6, 2023

April 6, 2023

PACER
36

Order on Motion to Appear Pro Hac Vice

April 6, 2023

April 6, 2023

PACER
35

ORDER GRANTING 33 Motion to Appear Pro Hac Vice as to ELIZABETH B. FORSYTH. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Lee Yeakel. (cc3) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER
36

ORDER GRANTING 34 Motion to Appear Pro Hac Vice as to SHARMEEN MORRISON. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Lee Yeakel. (cc3) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER
37

Notice of Attorney Appearance

April 10, 2023

April 10, 2023

PACER
38

Notice of Attorney Appearance

April 10, 2023

April 10, 2023

PACER
37

NOTICE of Attorney Appearance by Sharmeen Morrison on behalf of Save Our Springs Alliance (Morrison, Sharmeen) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
38

NOTICE of Attorney Appearance by Elizabeth Britta Forsyth on behalf of Save Our Springs Alliance (Forsyth, Elizabeth) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
39

ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (cc3) (Entered: 04/28/2023)

April 27, 2023

April 27, 2023

PACER
39

Order Reassigning Case

April 28, 2023

April 28, 2023

PACER
40

Entry of Scheduling Order

June 9, 2023

June 9, 2023

PACER
40

Joint MOTION for Entry of Scheduling Order Deadlines, Joint Motion to Extend Time, and Joint Motion for Status Conference on Behalf of All Parties by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams. (Attachments: # 1 Proposed Order)(Cook, Caitlyn) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER

Order on Motion for Entry of Scheduling Order

June 12, 2023

June 12, 2023

PACER

Motions Referred

June 12, 2023

June 12, 2023

PACER

Motions Referred AND Motions Referred

June 12, 2023

June 12, 2023

PACER

Order on Motion for Entry of Scheduling Order

June 12, 2023

June 12, 2023

PACER

Motions Referred

June 12, 2023

June 12, 2023

PACER

Motions Referred AND Motions Referred

June 12, 2023

June 12, 2023

PACER

Text Order REFERRING 40 Motion for Entry of Scheduling Order to Magistrate Judge Lane. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)

June 12, 2023

June 12, 2023

PACER

MOTION REFERRED: referred 40 Joint MOTION for Entry of Scheduling Order Deadlines, Joint Motion to Extend Time, and Joint Motion for Status Conference on Behalf of All Parties. Referral Judge: Mark Lane. (cc3)

June 12, 2023

June 12, 2023

PACER
41

Order AND ~Util - Set Hearings

June 13, 2023

June 13, 2023

PACER
41

ORDER Setting Status Conference for 6/21/2023 02:00 PM by Zoom before Judge Mark Lane. Signed by Judge Mark Lane. (cc3) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
42

Notice of Attorney Appearance

June 15, 2023

June 15, 2023

PACER
43

Miscellaneous Relief

June 15, 2023

June 15, 2023

PACER
42

NOTICE of Attorney Appearance by Chance D. Weldon on behalf of General Land Office of the State of Texas. Attorney Chance D. Weldon added to party General Land Office of the State of Texas(pty:pla) (Weldon, Chance) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
43

Opposed MOTION for Judicial Notice or, in the Alternative, to Supplement the Administrative Record by General Land Office of the State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Hadzi-Antich, Theodore) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER

Motions Referred

June 16, 2023

June 16, 2023

PACER

Order on Motion for Miscellaneous Relief

June 16, 2023

June 16, 2023

PACER

Motions Referred

June 16, 2023

June 16, 2023

PACER

Order on Motion for Miscellaneous Relief

June 16, 2023

June 16, 2023

PACER

Text Order REFERRING 43 Motion to Magistrate Judge Lane. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)

June 16, 2023

June 16, 2023

PACER

MOTION REFERRED: referred 43 Opposed MOTION for Judicial Notice or, in the Alternative, to Supplement the Administrative Record. Referral Judge: Mark Lane. (cc3)

June 16, 2023

June 16, 2023

PACER
44

Status Conference

June 21, 2023

June 21, 2023

PACER
44

Minute Entry for proceedings held before Judge Mark Lane: Status Conference held on 6/21/2023 for Doc. No. 40 & 43. Written order forthcoming. (Minute entry documents are not available electronically) (Court Reporter FTR GOLD - Ero)(cc3) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

PACER
45

Order on Motion for Entry of Scheduling Order

June 22, 2023

June 22, 2023

PACER
45

ORDER GRANTING IN PART 40 Motion for Entry of Scheduling Order Signed by Judge Mark Lane. (cc3) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER
46

Response in Opposition to Motion

July 19, 2023

July 19, 2023

PACER
47

Response in Opposition to Motion

July 19, 2023

July 19, 2023

PACER
46

Response in Opposition to Motion, filed by Save Our Springs Alliance, re 43 Opposed MOTION for Judicial Notice or, in the Alternative, to Supplement the Administrative Record filed by Plaintiff General Land Office of the State of Texas (Attachments: # 1 Rose Declaration, # 2 Exhibit A to Rose Declaration, # 3 Exhibit B to Rose Declaration, # 4 Exhibit C to Rose Declaration)(Morrison, Sharmeen) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
47

Response in Opposition to Motion, filed by Deb Haaland, Amy Lueders, United States Department of the Interior, United States Fish and Wildlife Service, Martha Williams, re 43 Opposed MOTION for Judicial Notice or, in the Alternative, to Supplement the Administrative Record filed by Plaintiff General Land Office of the State of Texas (Attachments: # 1 Exhibit A: Smith-Castro Declaration, # 2 Exhibit B: Florence Declaration)(Cook, Caitlyn) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
48

Reply to Response to Motion

Aug. 7, 2023

Aug. 7, 2023

PACER
48

REPLY to Response to Motion, filed by General Land Office of the State of Texas, re 43 Opposed MOTION for Judicial Notice or, in the Alternative, to Supplement the Administrative Record filed by Plaintiff General Land Office of the State of Texas (Hadzi-Antich, Theodore) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

PACER
49

Miscellaneous Relief

Aug. 16, 2023

Aug. 16, 2023

PACER
49

Unopposed MOTION for a Remote Hearing re 43 Opposed MOTION for Judicial Notice or, in the Alternative, to Supplement the Administrative Record by General Land Office of the State of Texas. (Attachments: # 1 Proposed Order)(Hadzi-Antich, Theodore) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER

Motions Referred

Aug. 17, 2023

Aug. 17, 2023

PACER

Order on Motion for Miscellaneous Relief

Aug. 17, 2023

Aug. 17, 2023

PACER

Motions Referred

Aug. 17, 2023

Aug. 17, 2023

PACER

Order on Motion for Miscellaneous Relief

Aug. 17, 2023

Aug. 17, 2023

PACER

Text Order REFERRING 49 Motion to Magistrate Judge Lane. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)

Aug. 17, 2023

Aug. 17, 2023

PACER

Case Details

State / Territory: Texas

Case Type(s):

Environmental Justice

Key Dates

Filing Date: Jan. 12, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The General Land Office of the State of Texas, a state agency in Texas that owns or maintains public school lands and state veterans' homes.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of the Interior (- United States (national) -), Federal

United States Fish and Wildlife Service (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Endangered Species Act, 16 U.S.C. § 1531 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Threatened/endangered fauna