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June 03, 2012
Judge Milan Smith Has Had It With the Ninth Circuit's Environmental Cases"Here we go again," Judge Milan Smith starts in his epic broadside (PDF) against the Ninth Circuit's anti-prosperity, bureaucracy-boosting environmental decisions. The Bush 43 appointee has had enough: I cannot conclude my dissent without considering the impact of the majority’s decision in this case, and others like it, which, in my view, flout our precedents and undermine the rule of law. . . . He goes on to note a Ninth Circuit decision that killed the San Joaquin Valley by foreclosing irrigation: Farmers, too, have suffered, and will continue to suffer, from the impact of similarly extreme environmental decisions. The Central Valley Project Improvement Act, Pub. L. No. 102-575, 106 Stat. 4600 (1992), requires that 800,000 acre feet of water in California’s Central Valley Project be designated for “the primary purpose of implementing the fish, wildlife, and habitat restoration purposes and measures[.]” In San Luis & Delta-Mendota Water Authority v. United States, 672 F.3d 676 (9th Cir. 2012), the majority inexplicably read this requirement to mean that water counts toward that yield only if it “predominantly contributes to one of the primary purpose programs.” Id. at 697. This interpretation has absolutely no basis in the statutory text. The practical impact of this decision is that there will be less, perhaps far less, water for irrigation in the San Joaquin Valley’s $20 billion crop industry. The region’s farms and communities, and the thousands of people employed there, already have suffered because of the lack of water, with approximately 250,000 acres of farmland now lying fallow, and unemployment ranging between 20 percent and 40 percent. Judge Smith concludes: No legislature or regulatory agency would enact sweeping rules that create such economic chaos, shutter entire industries, and cause thousands of people to lose their jobs. That is because the legislative and executive branches are directly accountable to the people through elections, and its members know they would be removed swiftly from office were they to enact such rules. In contrast, in order to preserve the vitally important principle of judicial independence, we are not politically accountable. However, because of our lack of public accountability, our job is constitutionally confined to interpreting laws, not creating them out of whole cloth. Unfortunately, I believe the record is clear that our court has strayed with lamentable frequency from its constitutionally limited role (as illustrated supra) when it comes to construing environmental law. When we do so, I fear that we undermine public support for the independence of the judiciary, and cause many to despair of the promise of the rule of law. Excellent. I chopped out most of the legal portion of his analysis, so if you're interested, his dissent starts on page 40 of the PDF. | Recent Comments
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In the Democrats' Latest Masculinity Pageant, Democrat Missouri Senate Candidate Lucas Kunce Plays GunBuddies With Noted Heterosexual Adam Kinzinger... and Shoots a Reporter Due to Complete Lack of Safety Training
Pro-Transgenderism-for-Children Partisans Receive $10 Million from Federal Government to Prove Puberty Blockers Help 11-Year-Old Children. But Now That the Data Show Children Aren't Helped -- and May Be Hurt -- They Refuse to Pubish the Results. Kamala Harris: Trump Is So Old He's "Exhausted" and Cancelling Events Also Kamala Harris: I'm So Tired of Working a Job for the First Time in My Life I'm Taking Two Consecutive Days Off Just to Memorize Fake Answers in a Fake CNN "Interview" Do I Really Have to Talk About This Bullshit? Whistleblower: The Harris-Biden Administration is Paying NGOs to Fly Unaccompanied Minor Children Around, Knowing They're Being Sexually Trafficked Wednesday Morning Rant Mid-Morning Art Thread Early Morning Open Thread Daily Tech News 23 October 2024 Tuesday Overnight Open Thread (10/22/24) Search
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