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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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