Published: January 06, 2009 08:30 am      

Appeals court to hear Fastrill case

The Fifth Circuit Court of Appeals in New Orleans is expected today to hear oral arguments in an appeal of an earlier decision which stymied efforts to create the Lake Fastrill Reservoir in Anderson and Cherokee counties.

 In late June, U.S. District Judge Jorge Solis ruled in favor of the U.S. Fish and Wildlife Service, essentially blocking efforts by the City of Dallas and Texas Water Development Board to create the reservoir which would provide water for Dallas residents.

 A memorandum opinion issued by Solis at the time denied motions by Dallas and state officials to block creation of the approximately 25,000-acre Neches River Wildlife Refuge which was initially approved by the U.S. Fish and Wildlife Service in summer 2006.

 Shortly after the 2006 approval, the City of Dallas and Texas Water Development Board filed lawsuits, seeking to halt the refuge's development. The suits alleged the U.S. Fish and Wildlife Service had failed to issue an adequate environmental assessment; fully consider alternate locations on the river for the refuge; perform an economic impact study on the effect of the refuge's creation on the City of Dallas' water needs; and use the most recent data in making its decision to allow the refuge.

 Following the judge's ruling this summer, Dallas and state officials then attempted to get an injunction to prevent transfer of the land to the refuge which currently consists of a single acre. Both entities ultimately appealed the decision to the Fifth Circuit Court of Appeals.

 On Tuesday, attorneys representing both sides will have 20 minutes to make their arguments.

 The Circuit Court of Appeals will likely take several months before issuing an opinion in the case.