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CA5 (2-1) - Texas Must Cease Work on Floating Rio Grande Barriers: USA v. Abbott

December 04, 2023 (1 min read)

USA v. Abbott

"In July 2023, Texas, at the direction of Governor Greg Abbott, installed a floating barrier in the Rio Grande near Eagle Pass, Texas. The United States filed a civil enforcement action against Texas, alleging that installment of the barrier violated the Rivers and Harbors Appropriation Act of 1899 (“RHA”). The United States moved for a preliminary injunction, which the district court granted, ordering the defendants to cease work on the barrier and to move it to the Texas riverbank. Texas timely appealed. This court entered an administrative stay. Finding that the district court did not abuse its discretion, we DISSOLVE the administrative stay and AFFIRM. ... The district court’s factual findings were not clearly erroneous. Its grant of a preliminary injunction was not an abuse of discretion, as the United States carried its burden. Accordingly, we DISSOLVE the administrative stay and AFFIRM. Texas’s motion to stay the district court’s preliminary injunction pending appeal is DENIED AS MOOT."