COURT UPHOLDS LA CANTERA SPECIES PERMIT

On May 3, 2002, Federal District Judge Fred Biery issued a 93-page opinion upholding the ESA section 10(a) permit issued by the US Fish and Wildlife Service in connection with the completion of the La Cantera master planned commercial development in San Antonio. The permit was issued in October and authorized development related impacts to three species of cave invertebrates (two beetles and a spider) in exchange for preservation of approximately 180 acres of cave preserves. In December, the Center for Biological Diversity filed a suit against the Service challenging the permit on various grounds under the ESA and NEPA. Firm client La Cantera Development Company intervened in the case to protect its rights. After an expedited briefing on cross-motions for summary judgment, the court, in a colorful opinion that ranged form poetry to baseball analogies, upheld the actions of the Service in issuing the permit. The court's action clears the way for one of the major remaining aspects of the project, a retail center to be known as The Shops at La Cantera. For more information about this case, contact Alan Glen.

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