Sierra Club SH99 preliminary injunction fails, lawsuit continues

Insufficient funds for bonds

Jay Blazek Crossley, Nov 22, 11.

The Sierra Club failed to get a preliminary injunction to stop construction on the proposed Segment E of SH99 across the Katy Prairie, according to the Sierra Club - Houston Regional Group:

Although we did not receive the preliminary injunction, we were pleased with the overall outcome. Judge Ellison gave two reasons for not issuing the preliminary injunction:

The Sierra Club could not post a bond of $100,000+ plus per day as requested by the plaintiffs.
We did not prove that irreparable harm would occur within the next 3 months if the preliminary injunction were not granted.

Judge Ellison issued his decision after hearing opening arguments from each side, testimony from Larry Dunbar, and cross-examination of Dunbar. During his comments, he indicated that he understood the situation with the cumulative impacts of the project, but that the Sierra Club had not met the criteria as per items #1 and #2 above.

Judge Ellison wants to proceed to a decision on the merits of the case and has set an ambitious schedule as follows:

The administrative record is to be filed by Dec. 20th.
Thirty days after the administrative record is filed or after Dec. 20th, whichever is earlier, motions for summary judgment must be filed by the two parties.
Twenty days afterward, each party must file a response brief.
Ten days afterward, each party files a reply to the opposing response.