Cornerstone of Species Protection or “For the Birds?”: Application of the ESA Take Prohibition in The Aransas Project v. Shaw
By: Molly Masterton, Notes Editor Any day now, the Fifth Circuit may issue a ruling with immense implications for wildlife and natural resources management efforts in Texas and across the nation. The case is The Aransas Project v. Shaw, and it is one of only a handful of cases in which the federal Endangered Species Act (“ESA”)[1] has been enforced against a state agency.[2] The district court found state officials from the Texas Commission on Environmental Quality (“TCEQ”) vicariously liable…