Re: Welcome Dan Glass
in response to
by
posted on
Jul 24, 2021 11:28AM
Much of Judge Du's ruling revolved around then fact that the plaintiffs' theory of harm to both the sage-grouse and the sage brush was speculative, because they did not know where the holes would be dug so they could not know the harm.
For her final finding this aspect of her ruling would be moot, because the location of the mine and plant would be known. Still, she seemed to me to be quite dismissive of the plantiffs' arguments overall, and I love how quickly she made and wrote her decision.
I'm sure both sides will be scouring her decision for clues as to what she prioritizes, and make future arguments to support that. This is truly the best we could hope for at this point, except had she found in her ruling that the plaintiffs' would have been unlikely to win the larger case on the merits of their complaint.