The Fifth Circuit released three new decisions last Friday.
On May 29, 2020. The US Court of Appeals for the Fifth Circuit released three opinions in environmental cases: Stratta, et al. v. Roe, Director of the Brazos Valley Groundwater District; Environmental Integrity Project, et al. v. EPA; and American Stewards of Liberty, et al,. v. U.S. Department of the Interior.
Stratta, et al. v. Roe, Director of the Brazos Valley Groundwater District
In the Stratta case, two landowners sued the Brazos Valley Groundwater Conservation District (BVGWCD) under 42 USC Section 1983, with one plaintiff alleging that the actions of the district’s board of directors essentially violated their permitting authority by illegally permitting a groundwater well operated by the City of Bryan, which drained groundwater from under his property, amounting to a taking of his property, and generally failing to grant him any relief. The other plaintiff, a board member, was not allowed to speak before the BVGWCD, arguably in violation of his constitutional rights. The trial court dismissed this litigation, holding that the District was entitled to immunity under the Eleventh Amendment, and that the first plaintiff did not have a property interest in this groundwater. The appeals court reversed, holding that under Texas law, the District did not enjoy any Eleventh Amendment immunity; the District did not have any statewide jurisdiction and was not an “arm of the state,” and accordingly was not immune from a federal court lawsuit. Also, the Texas Supreme Court has recognized that groundwater is a property interest...
