Melinda Taylor and Jeremy Brown, “Texas water plans must consider endangered species” (San Antonio Express-News)

Energy Center executive director Melinda Taylor and research fellow Jeremy Brown published an Op-Ed in the July 7th edition of the San Antonio Express News on the recent 5th Circuit Court of Appeals ruling that Texas did not violate the Endangered Species Act (ESA) through the operation of its surface water program. The opinion also reverses a Corpus Christi court decision holding that the Texas Commission on Environmental Quality (TCEQ) caused the deaths of 23 endangered whooping cranes during the 2008-2009 drought. Taylor and Brown warn that “[e]ven though it won the case, the TCEQ will need to develop strategies that balance the needs of humans and the natural environment if it is to avoid future conflicts with the ESA and the rare species the law is intended to protect.”