In a move that could mean curtains for the controversial Lake Fastill in Anderson and Cherokee Counties, a federal judge this week struck down a lawsuit by the Texas Water Development Board and the city if Dallas over a proposed federal wildlife refuge along the Neches River.

From the Fort Worth Star-Telegram:

Dallas and water district officials sued in January 2007 to block a wildlife refuge designation for 25,281 acres in Anderson and Cherokee counties, saying the area includes land necessary for the Fastrill Reservoir. The designation would block the land from being sold, cleared or used for a reservoir, according to court documents.
The lawsuit said Fish and Wildlife didn’t consider other sites before making the federal designation and cut short the review process. Judge Jorge Solis sided with environmental groups in dismissing that argument.
On Tuesday, Dallas and the Texas Water Development Board filed an emergency motion seeking a temporary injunction on the land pending an appeal or other action.
“All we can say right now is we are aware of the ruling. We are currently discussing it with the office of the attorney general,” said Carla Daws, spokeswoman for the Texas Water Development Board.
Chris Bowers, first assistant attorney for Dallas, said that it is unusual for a judge to issue an injunction against the winning party in a lawsuit but that in this case, maintaining the status quo is critical.
In the injunction request, S. Cass Weilland, a lawyer for Dallas, wrote, “Forcing the plaintiffs to find water sources elsewhere is simply not an adequate remedy and cannot be compensated for in money damages.”

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