Wednesday, April 16, 2014

NRDC v. Jewell (9th Cir. - April 16, 2014)

Back in July of 2012, the Ninth Circuit decided an environmental case involving the delta smelt.  Judge Hug wrote the majority opinion, and Judge Paez dissented.

The dispute was over standing.  Judge Paez began by saying "I respectfully dissent."  Judge Hug affirmed the decision of the district court.  No vitriol.  No nasty names.  Surely reasonable minds can differ, right?

Perhaps.  But the Ninth Circuit took the case en banc.  And today, it issued its opinion.

11-0.  Reversing the district court.

Sometimes the panel simply gets it wrong.