Posted on 12. Jul, 2012
Dave Puglia/Western Growers/7-12-12: The Ninth Circuit Court of Appeals has scheduled oral arguments addressing appeals relating to Judge Wanger’s 2010 decisions to invalidate and remand the 2008 delta smelt biological opinion to the United States Fish and Wildlife Service and to grant injunctive relief last year over the FallX2 action. The oral argument will address the appeal in the San Luis & Delta Mendota Water Authority v. NRDC aka The Consolidated Delta Smelt Cases. Now retired from the bench, Wanger found inconsistencies with the federal government’s claims and also questioned the competencies of the federal government’s scientists. Oral arguments will take place on Monday, September 10 at 9AM in the Lloyd D. George United States Courthouse in Las Vegas.