25 May 2019

Stupid Judge Tricks

I approve of the US Court of Appeals of the 4th circuit's opinion revoking the permit of a pipeline that crosses the Appalachian Trail, but I'm less sanguine of their invoking Dr. Seuss:
A federal appeals court has thrown out a power company's permit to build a natural gas pipeline across two national forests and the Appalachian Trail – and slammed the U.S. Forest Service for granting the approvals in the first place.

In a decision filed Thursday by the 4th U.S. Circuit Court of Appeals in Richmond, Va., a three-judge panel declared the U.S. Forest Service "abdicated its responsibility to preserve national forest resources" when it issued permits for the Atlantic Coast Pipeline to build through parts of the George Washington and Monongahela National Forests and a right of way across the Appalachian Trail.

"This conclusion," they wrote in a unanimous judgment, "is particularly informed by the Forest Service's serious environmental concerns that were suddenly, and mysteriously, assuaged in time to meet a private pipeline company's deadlines."

The judges cited Dr. Seuss' The Lorax: "We trust the United States Forest Service to 'speak for the trees, for the trees have no tongues.'"
(emphasis mine)

Seriously, Dr. Seuss?

I know that the law is sometimes dry, but the judges are overcompensating here.

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