Named Individual Members of the San Antonio Conservation Society v. The Texas Highway Department

TUTTLE, Circuit Judge

(concurring in part and dissenting in part):

While I concur fully with the opinion with respect to the claim on the merits, I respectfully dissent with respect to the disposition of the issue of attorneys’ fees. Since the trial court did not enter any order with respect to the claim for attorneys’ fees, I would remand that issue to the trial court to enable it to determine first the extent to which any award might be a charge against state revenues as distinguished from being merely a charge against the individual named defendants.