Fifth Circuit Court of Appeals Upholds Texas Neches River National Wildlife Refuge

(National Wildlife Federation)
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Immediate release Contact Janice Bezanson, 512-921-1230
March 12, 2009

Fifth Circuit Court of Appeals Upholds
Neches River National Wildlife Refuge

The Fifth Circuit Court of Appeals Thursday affirmed the July 2008 decision by Judge
Jorge A. Solis in favor of the Neches River National Wildlife Refuge. The City of Dallas
and the Texas Water Development Board had filed suit hoping to overturn creation of the
Neches River National Wildlife Refuge and make way for a reservoir Dallas predicts
might be needed in fifty years. Instead, Judge Solis upheld the U.S. Fish and Wildlife
Service’s 2006 creation of the refuge.

“This is wonderful news!” said Janice Bezanson, executive director of Texas
Conservation Alliance. “The Neches River Refuge is exceptional wildlife habitat -- one of
the most important wildlife areas left in Texas. Thousands of Texans wrote letters or
signed petitions in support of its creation.”

Dallas and TWDB contended that the Fish and Wildlife Service failed to meet the
requirements of the National Environmental Policy Act by failing in several ways to do an
adequate environmental assessment and by failing to cooperate with state and local
officials.

After careful review, Judge Solis disagreed with the allegations and denied motions by
Dallas and TWDB to require a more detailed environmental study. Dallas and TWDB
appealed Judge Solis’ decision. Thursday a three-judge panel affirmed the lower court
ruling.

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

Bezanson described the hardwood forests to be protected in the Refuge as “fabulous”.
Towering oaks and hickories shelter wildlife and provide the nuts and acorns that deer,
squirrel, turkey, and other animals depend on in winter. Bushes, smaller plants, and
understory trees such as dogwoods provide a diverse array of food for resident animals.

The Refuge is located in the heart of the North American Central Flyway, the major
“highway” for and migrating ducks and songbirds. The waters of the Neches River
sustain the exceptional habitat of the Big Thicket National Preserve, the Davy Crockett
and Angelina National Forests, various state parks and wildlife management areas, and
the Sabine Lake estuary.

“The Fish and Wildlife Service has been barred from acquiring land for the refuge,
pending outcome of the appeal,” Bezanson continued. “Conservationists are poised to
Texas Conservation Alliance

The State Affiliate of the National Wildlife Federation donate several thousand acres to the refuge as soon as the ruling is final. We look forward to celebrating a wonderful new refuge on the Neches!” Texas Conservation Alliance, Friends of the Neches River, and a number of other organizations are proposing that the Neches River be studied for potential inclusion in
the Wild and Scenic Rivers System. Designating the Neches as a Wild and Scenic River
would protect the river and enhance its value for tourism.