The Aransas Project v. Shaw, No. 2:10-cv-075, 2013 U.S. Dist. LEXIS 33258 (S.D. Tex. Mar. 11, 2013)

(court held State of Texas had committed a "takings" in regards to endangered whopping cranes in violation of the Endangered Species Act through its failure to not monitor users or exercise emergency powers available to protect the cranes; enjoined Texas Commission on Environmental Quality from granting new water permits affecting Guadalupe or San Antonio Rivers  as federal law preempts Texas water diversion regulations; agency and its officers required within 30 days to seek an Incidental Take Permit that will lead to development of a Habit Conservation Plan; court retained jurisdiction over this action during the formulation of the HCP process; court also awarded attorneys' and expert witness fees to plaintiff as prevailing party).