In a searing opinion, Wanger ripped two Interior Department scientists for giving "false" and "incredible" testimony to support a "bad faith" delta smelt preservation plan.
The two scientists are Frederick V. Feyrer of the U.S. Bureau of Reclamation, and Jennifer M. Norris of the U.S. Fish and Wildlife Service.
Wanger also threw out huge chunks of the federal government's official "biological opinion" on five different species, calling the opinion, which is a guidance document for environmental regulators, "arbitrary, capricious, and unlawful."
Wanger is a fairly conservative Judge and some may in the past have wondered why the "delta smelt" lobby has gotten as far as it has before him in imposing water use limitations on the agricultural community in California. The lobby got this far because the Judge is constrained to follow the law, which he has scrupulously done; where the law allows him to consider something more than the zealotry of the lobby and to protect actual humans, as opposed to the delta smelt, he does so.
the good judge's comments were a rant or daiirtbe. I read the whole decision, and it was neither. Rather, it was a considered ruling on the suit that included a very painful point-by-point justification of a finding of agency bad faith because of inconsistent and misleading testimony by two federal witnesses, Jennifer Norris (U.S. Fish and Wildlife Service) and Fred Feyrer (U.S. Bureau of Reclamation); the bad-faith finding was reluctant and embarrassing, in part because both should have known better. Judge Wanger is saddened by the chicanery of the two, but I am more saddened by his retirement. How many federal judges are left to stand between me and the radical environmentalists?
Posted by: Neh | August 22, 2012 at 11:17 PM
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Posted by: Chanel Online | February 16, 2012 at 04:14 AM
i went to the same school as patrick. i remeber those girls from my school who wrote in. they were white trash...i always felt so bad for them.
Posted by: 2012 Timberland | December 20, 2011 at 08:55 AM