Southwest
Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands
The Supreme Court unanimously ruled Tuesday that ranchers can sue the state of Texas over highway construction they allege flooded their lands.
“This is the pinnacle of a long, hard-fought battle, and we can’t stress enough what a blessing this is,” rancher Richie DeVillier said in a statement after the ruling.
But in an unusual twist, Texas Attorney General Ken Paxton is also claiming victory, stating the court’s decision protects “the ability of Texas to handle compensation disputes under State law for any allegedly taken property.”
The Supreme Court unanimously ruled that Richie DeVillier and other property owners can sue the state of Texas under the Fifth Amendment. (Courtesy Institute for Justice)
SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT
DeVillier’s family has lived in Winnie, Texas, since the early 1900s when his great-grandfather homesteaded the land. In all that time, their 900 acres had never flooded because water naturally flowed south to the Gulf of Mexico, DeVillier said.
Then the Texas Department of Transportation renovated Interstate 10 along the ranch, widening the highway, raising it a foot and a half and adding an impermeable, nearly three-foot-high concrete barrier along the middle of it, according to DeVillier and his lawyers from the Institute for Justice.
The ranch turned into a lake when Hurricane Harvey hit. In addition to extensive damage to their home and belongings, the DeVilliers lost about 60 of their 300 cows and calves, plus seven horses.
“That was one of the most horrible things that I’ve had to go through,” DeVillier previously told Fox News. “It’s hard enough seeing a cow drowned. But horses are a different thing. Horses are parts of our souls.”
Two years later, Tropical Storm Imelda hit and their ranch flooded again.
Left, Richie DeVillier’s son leans over the side of a boat to hold a calf’s head above water. Center, hay bales and ranch equipment stick out of the floodwaters following Hurricane Harvey in 2017. Right, water covers one side of Interstate 10. (Courtesy Institute for Justice)
CANCER SURVIVOR DEALT NEW BLOW AFTER TEXAS POLICE DESTROYED HER HOUSE, BUT LAWYERS SAY CITY STILL HAS TO PAY
The DeVilliers and their neighbors sued, arguing that Texas can turn their farms into a lake if it needs to, but not without paying the property owners. They pointed to the Fifth Amendment of the Constitution, which protects Americans against the taking of property by the government without compensation.
Texas argued that the Takings Clause in the Fifth Amendment didn’t apply since it doesn’t explicitly indicate that a state government must provide just compensation for property it seizes or damages. The 5th Circuit Court of Appeals agreed.
But Texas changed course in January when attorneys presented their cases before the Supreme Court, telling the justices that the ranchers could in fact sue in state court under the Fifth Amendment.
“You’re the one who removed to federal court,” Justice Sonia Sotomayor said at the time. “This seems to me like a totally made-up case because they did exactly what they had to do under Texas law.”
Texas Solicitor General Aaron Nielson rejected that characterization, saying the state may simply have “misunderstood” what the ranchers were arguing, according to SCOTUS transcripts. Nielson said Texas would not oppose an attempt by DeVillier to amend the lawsuit and proceed under state law, according to the court’s opinion, written by Justice Clarence Thomas.
WATCH: RANCHER SAYS TEXAS HIGHWAY PROJECT FLOODED HIS LAND, KILLING CATTLE AND HORSES:
WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE
The Supreme Court unanimously vacated the 5th Circuit decision and ruled that the DeVilliers and other property owners should be allowed to “pursue their claims under the Takings Clause through the cause of action available under Texas law.”
“Texas’s rapid about-face at the Supreme Court means that Richie and his family will still have their day in court,” IJ President and Chief Council Scott Bullock said in a prepared statement.
But Paxton’s office declared itself the winner in the case in a press release Tuesday afternoon.
“For as long as Texas has been Texas, it has recognized that property rights are crucial to a free society,” Paxton said. “Under the U.S. Constitution, such claims should be pursued under state law unless Congress has said otherwise. I’m pleased the Supreme Court agreed with us unanimously that citizens should sue under Texas law.”
IJ Deputy Litigation Director Robert McNamara, who argued on DeVillier’s behalf, was baffled by Texas’ characterization of the outcome.
“The upshot of today’s decision is that Richie’s case against Texas is going to trial when Texas didn’t want it to,” McNamara said. “That’s what losing looks like.”
The Texas attorney general’s office did not respond to emailed questions about the case. The state doesn’t admit or deny in court documents that raising the interstate caused the flooding.
To hear more from DeVillier and to see video of the floods, click here.
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Southwest
Key red state could decide US gas prices as Venezuelan oil hits the market
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Nobody handles oil quite like Texas and a fresh supply of Venezuelan crude could soon be headed to the Lone Star State’s coast.
The first barrels of thick, tar-like crude could arrive as soon as next week at ports across Texas, Louisiana and Mississippi, where dense clusters of refineries are built and bred to process heavy oil.
The development follows President Donald Trump’s Tuesday evening announcement that Caracas will transfer up to 50 million barrels of oil to the U.S., worth about $2.8 billion at current market prices.
WE’RE GOING TO LET THE OIL FLOW: ENERGY SECRETARY SAYS US WILL OVERSEE VENEZUELAN OIL SALES
Venezuelan children swimming near an oil tanker docked at a pier near the refinery of the state oil company PDVSA. (Jesus Vargas/picture alliance/Getty Images)
“The Gulf Coast concentrates most of our refining capacity, and those refineries were built or revamped over the years to process extra-heavy crude similar to what is produced in Venezuela,” explained Jaime Brito, executive director of refining and oil products at OPIS.
“From a market perspective, additional volumes of extra-heavy crude entering the U.S. refining system would be an extraordinarily positive development,” Brito said. “It would allow refiners to operate more efficiently, something they haven’t been able to do for years and could help keep gasoline and diesel prices at better levels because refiners would have access to cheaper crude and more optimal operations.”
‘WE BUILT VENEZUELA’S OIL INDUSTRY:’ TRUMP VOWS US ENERGY RETURN AFTER MADURO CAPTURE
He added that tankers could arrive within five to six days if they leave Venezuelan waters on Thursday.
Because Gulf Coast refineries supply a large share of the nation’s fuel, shifts in how efficiently they operate can ultimately ripple through to prices paid by U.S. consumers.
Texas oil refineries are poised to benefit from additional crude oil supplies. (Brandon Bell/Getty Images)
The arrival of 15 to 25 oil tankers carrying up to 50 million barrels of crude is only a fraction of what Venezuela could ultimately supply.
With more than 300 billion barrels of proven reserves, it holds the world’s largest oil endowment — eclipsing long-standing energy heavyweights like Saudi Arabia, Iraq and Kuwait.
Despite its vast reserves, U.S. sanctions have effectively blocked most Venezuelan crude from reaching the U.S. Gulf Coast, leaving Chevron — operating under a special authorization — as the sole exporter of limited volumes.
US NOW IN CONTROL OF VENEZUELA’S OIL RESERVES, THE LARGEST IN THE WORLD
A Chevron Corp. flag flies on the drilling floor of a Nabors Industries Ltd. drill rig in the Permian Basin near Midland, Texas, on March 1, 2018. (Daniel Acker/Bloomberg/Getty Images)
That disruption has been felt most acutely in Texas, which anchors the nation’s refining hub and hosts several of the country’s largest heavy-crude refineries.
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A renewed flow of Venezuelan barrels could also intensify competition in the heavy-crude market, particularly between Venezuela and Canada, Brito said.
“You’re going to have fierce competition between Canada and Venezuela, which benefits American refiners and gives them more flexibility to potentially lower fuel prices,” he said, adding that he was speaking strictly from an oil-market perspective.
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Southwest
Security guard fatally shot outside Houston restaurant after confrontation with suspect
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A security guard was fatally shot outside a Houston restaurant Wednesday evening after a confrontation with another man, authorities said.
The shooting happened around 6:15 p.m. outside Connie’s Seafood Market Restaurant, the Houston Police Department said.
Police told reporters that the security guard, who was working for the restaurant, was standing in the parking lot when a fight broke out between him and another man, FOX26 Houston reported.
Police said the security guard was shot at least once. He was rushed to a hospital where he later died.
OFF-DUTY DEPUTY SHOT AND KILLED WHILE WORKING SECURITY JOB IN TEXAS, SUSPECT REMAINS AT LARGE
A security guard was fatally shot outside a Houston restaurant Wednesday evening after a confrontation with another man, authorities said. (Houston Police Department)
Authorities did not immediately release the name of the victim.
The suspect was last seen running away from the parking lot after the shooting.
The security guard was working for the restaurant at the time of the shooting. (Google Maps)
BROWN UNIVERSITY SHOOTER CONFESSED IN VIDEOS TO PLANNING ATTACK FOR LONG TIME, SHOWED NO REMORSE: DOJ
No details about the suspect or the circumstances that led to the altercation have been released as of Thursday morning.
Houston police were reviewing surveillance footage as they search for the shooting suspect. (Mayra Beltran/Houston Chronicle, File)
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Officials said investigators were reviewing surveillance footage and speaking with witnesses to get a description of the suspect.
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Southwest
Texas teachers’ union sues state over investigation into controversial Charlie Kirk posts
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The Texas American Federation of Teachers (AFT) announced on Tuesday that it plans to sue the Texas Education Agency (TEA) over what it called “unlawful investigations” into school officials over social media posts made about Charlie Kirk’s assassination.
In September, Texas Commissioner of Education Mike Morath sent out a letter to state school superintendents announcing that he was launching investigations into school officials that he said “posted and/or shared reprehensible and inappropriate content on social media” regarding the Turning Point USA founder’s death.
“Such posts could constitute a violation of the Educators’ Code of Ethics and each instance will be thoroughly reviewed to determine whether sanctionable conduct has occurred and staff will investigate accordingly,” Morath wrote. “While the exercise of free speech is a fundamental right we are all blessed to share, it does not give carte blanche authority to celebrate or sow violence against those that share different beliefs and perspectives.”
TEXAS TECH STUDENT ARRESTED, EXPELLED AFTER VIDEO SHOWS HER ‘MOCKING’ CHARLIE KIRK VIGIL: OFFICIALS
Texas Commissioner of Education Mike Morath issued a letter in September announcing investigations into teachers’ social media posts about Charlie Kirk’s assassination. (fstop123/iStock via Getty Images Plus)
The lawsuit alleges that since the letter was issued, several Texas AFT members have been placed on administrative leave, reprimanded or terminated over their social media posts, which the organization claims is a First Amendment violation.
“Somewhere and somehow, our state’s leaders lost their way,” Texas AFT President Zeph Capo said in a statement. “A few well-placed Texas politicians and bureaucrats think it is good for their careers to trample on educators’ free speech rights. They decided scoring a few cheap points was worth the unfair discipline, the doxxing, and the death threats targeted at Texas teachers. Meanwhile, educators and their families are afraid that they’ll lose everything: their livelihoods, their reputations, and their very purpose for being, which is to impart critical thinking.”
GREG ABBOTT MAKES MAJOR ANNOUNCEMENT ABOUT TURNING POINT USA IN TEXAS
National AFT President Randi Weingarten also released a statement condemning the TEA.
Randi Weingarten, president of the American Federation of Teachers, released a statement condemning the Texas Education Agency for the letter. (David Paul Morris/Bloomberg via Getty Images)
“Sadly, Texas officials, unlike their colleagues in Utah, decided to exploit the tragedy of Mr. Kirk’s senseless murder, rather than deescalate,” Weingarten said. “Their actions are a transparent effort to smear and shame educators, divide our communities, and deny our kids opportunities to learn and thrive. They are a state-sponsored attack on teachers because of what they thought were private comments to friends and family. And even if we think some of this speech is noxious, defending one’s right to speak is the essence of our democracy.”
She added, “You don’t lose your constitutional rights when you decide to become a teacher—the Constitution, for it to have any meaning at all, has to work for all Americans, not just some.”
PROFESSOR FIGHTING DISMISSAL FOR CALLING CHARLIE KIRK A ‘NAZI’ HANDED LEGAL WIN, FUELING FREE SPEECH DEBATE
The AFT is seeking a permanent injunction of the TEA policy and investigations. The TEA declined to comment to Fox News Digital.
School officials across the country have been fired or reprimanded for appearing to celebrate Charlie Kirk’s assassination. (Phill Magakoe/AFP via Getty Images)
In the weeks following Kirk’s assassination, several public school teachers across the nation were reprimanded or fired after going viral with controversial social media posts that appeared to celebrate his death.
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Texas Gov. Greg Abbott previously announced that more than 100 teachers in the state would have their teaching certifications suspended after investigators found they had called for or encouraged violence following Kirk’s assassination.
Fox News’ Kristine Parks contributed to this report.
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