Commission Agenda Item No. 10
Presenter: Ann Bright

Withdrawn
(Executive Session Only)
Update on Regulatory Litigation
March 24, 2016

I.       Executive Summary:  Attorneys for the Texas Parks and Wildlife Department (TPWD) will update and advise the Commission regarding pending or potential/anticipated litigation impacting TPWD’s regulatory authority, specifically including, but not limited to, litigation and potential/anticipated litigation related to chronic wasting disease, oysters and red snapper, including the following:

• Ken Bailey and Bradly Peterson v. Carter Smith, Executive Director, Clayton Wolf, Wildlife Division Director, Mitch Lockwood, Big Game Program Director and Texas Parks and Wildlife Department, Cause No. D-1-GN-15-004391, in the District Court of Travis County, Texas.
• Patterson Energy of Texas, LLC, Robert E. Patterson, and Susan L. Patterson v. Texas Parks and Wildlife Department and Carter Smith, in his official capacity as its Executive Director, Cause No. 16-02-23447-CV, in the 38th Judicial District Court of Medina County Texas.
• State of Texas v. Chambers-Liberty Counties Navigation District, Each in his Official Capacity: Terry Haltom as CLCND Commissioner, Allen Herrington as CLCND Commissioner, Kenn Coleman as CLCND Commissioner, Ken Mitchell a CLCND Commissioner, and Dave Wilcox as CLCND Commissioner, and Sustainable Texas Oyster Resources Management, LLC., Cause No. D-1-GN-15-003093, in Travis County District Court.
• Potential litigation and/or involvement with current litigation relating to actions of the National Marine Fisheries Service (NMFS), an agency within the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, in connection with the regulation of red snapper.