Judge Jorge A. Solis ruled Monday to uphold the U.S. Fish and Wildlife Service’s 2006 creation of the Neches River National Wildlife Refuge!

Judge Jorge A. Solis denied motions by the City of Dallas and the Texas Water Development Board that sought to overturn the Neches River National Wildlife Refuge to make way for a reservoir Dallas predicts might be needed in fifty years. Instead, the judge upheld the U.S. Fish and Wildlife Service’s 2006 creation of the refuge.

Dallas and the TWDB contended the U.S. Fish and Wildlife Service failed to meet National Environmental Policy Act requirements in a couple of ways – failing to complete an adequate environmental assessment and failing to cooperate with state and local officials. The City of Dallas also claimed the Service had not adequately considered aspects the refuge’s creation entailed, including its economic impact on the City of Dallas.

After careful review, Judge Solis disagreed with the allegations and denied motions by Dallas and the TWDB to require a more detailed environmental study.

The Fish and Wildlife Service delayed acquiring land for the refuge, pending the outcome of the lawsuit. The Conservation Fund – Texas office is poised to donate 6,715 acres to the refuge as soon as the litigation is resolved, including any standstill agreements or injunctions pending appeal.

Biologists rate land within the boundary of the Neches River National Wildlife Refuge as some of the least disturbed and highest-quality bottomland hardwood forest left in Texas and rates it Priority 1 for acquisition by the U.S. Fish and Wildlife Service. By contrast, the proposed Fastrill reservoir site is one of many water supply options available to Dallas Water Utilities.

Towering oaks and hickories shelter wildlife and provide nuts and acorns that deer, squirrel, turkey, and other animals depend on in winter. Diverse understory vegetation provides an array of food and shelter for resident animals and migrating ducks and songbirds. Through seasonal flood flows, the Neches River itself sustains the exceptional habitat of the Big Thicket National Preserve, two of East Texas’ national forests, and various state parks and wildlife management areas.

The Neches River Refuge is expected to be an economic boon for the region, providing recreational opportunities for area residents and bringing tourists from across Texas and out of state. Unlike the proposed reservoir, land will be acquired for the refuge only from willing sellers. No landowner will be pressured to sell land to the refuge.

The judge’s conclusion language is below --

CONCLUSION
After careful consideration of the briefing and applicable law, the Court hereby DENIES the City of Dallas’s Motion for Partial Summary Judgment and GRANTS the Federal Defendants’ Cross-Motion for Partial Summary Judgment Concerning City of Dallas’s NEPA Claims. The Court hereby DENIES the Texas Water Development Board’s Motion for Partial Summary Judgment and GRANTS the Federal Defendants’ Cross-Motion for Partial Summary Judgment Concerning the Texas Water Development Board’s NEPA Claims. The Court DENIES in PART and DENIES as MOOT in PART the Federal Defendants’ Motion to Strike Plaintiffs’ Extra-Record Materials. The Court GRANTS the Texas Conservation Alliance’s Motion for Leave to File Amicus Brief and the Amicus Brief. The Court GRANTS Friends of the Neches River’s and Houston Audubon Society’s Motion for Leave to File a Letter in Support of Texas Conservation Alliance’s Amicus Brief. The Court GRANTS Texas Water Conservation Association’s Motion for Leave to File Amicus Brief in Support of Plaintiffs’ Motions for Partial Summary Judgment. The Clerk’s Office is hereby instructed to file Docket Numbers 106-3, 111-2 and 123-1 in accordance with this Order.

It is SO ORDERED, this 30th day of June 2008

HAS fully supports the establishment of the Neches River National Wildlife Refuge (NRNWR) in Anderson and Cherokee counties to protect the valuable, highly varied (deciduous, evergreen, mixed forests; woody and emergent wetlands) bird and wildlife habitat it provides. This habitat mosaic is critical for the documented 273 over-wintering bird species in East Texas. Of these 273 species, 101 breed mostly in the river forests (Neches River National Wildlife Refuge Establishment Proposal, March 2005, pg 17).

The accelerating loss of habitat, particularly large stands with mature composition and structure, are of grave concern to HAS as the larger natural areas are needed to sustain the millions of migratory songbirds and waterfowl.

Texas’ remaining stands of bottomland hardwood forests are highly fragmented and threatened by residential and commercial development, agricultural conversion, timber removal, and infestation by invasive plants. A watershed-scale conservation effort is required to protect the “2,000 birds per square mile known to inhabit the Neches River bottomlands during winter” (Bob Parvin, Bottomland Hardwoods, Every Acre Counts, Texas Parks and Wildlife Magazine, October 1986).

The National Audubon Society recently released a 40-year census stating habitat loss is the number one cause of declining bird populations throughout North America. The study revealed populations of our most common birds has dramatically plummeted: for example, the Northern Pintail, a species which utilizes the riparian habitat provided by the Neches River, has declined 77% and the Little Blue Heron, another inhabitant of the Neches River bottomlands, has declined 54% (National Audubon Society, State of the Birds, 2007).