U.S. District Judge Oliver Wanger invalidated parts of
the U.S. National Marine Fisheries Services so-called
biological opinion, calling the plan arbitrary, capricious,
and unlawful.
Wanger still held that pumping operations negatively
impact the fish and adversely modify their critical
habitat, but his decision means the agency will
rewrite its plan again.
In the 279-page decision, Wanger wrote that some
of the agencys analyses relied on equivocal or bad
science and didnt clearly demonstrate why the
measures it imposed were essential.
The opinion is quite critical of the scientists who helped
develop the federal governments biological opinion. But
its nothing compared to what the judge reportedly said
from the bench.
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I have never seen anything like what has been placed
before this court by these two witnesses, U.S. District
Judge Oliver Wanger said in his ruling on the smelt case,
according to a transcript obtained by E&ENews PM.
The only inference that the court can draw is that it
is an attempt to mislead and to deceive the court.
Wanger did not use the term scientific misconduct,
or lying, but he used nearly every other adjective that
describes deception by scientists as he built the record
in his ruling for a finding of bad faith. He called their
testimony false, outrageous, incredible, unworthy
of belief and more. . . .
Wanger called a Fish and Wildlife Service scientist who
had testified in the case a zealot who did not let facts
get in the way of her goals.
She may be a good scientist. She may be honest, but
she has not been honest with this court, he said.
He called a Bureau of Reclamation scientist
untrustworthy as a witness.
And I will note that he is a government agent, Wanger
said. And the United States, as a sovereign, has a duty
not only in dealing with the court, but in dealing with
the public to always speak the truth, whether its good
or bad. . . .
Protecting endangered species is crucially important,
Wanger said. But when it overwhelms us to the point
that we lose objectivity, we lose honesty, were all in
a lot of trouble. Serious, serious trouble.
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