Irrigation Case - Concerns from Delay of Decision and Transcript of April 26, 2018 Hearing

Two factors are giving me uncomfortable causes for concern about the highly anticipated ruling on summary judgment in the Defenders of Wildlife lawsuit to terminate irrigation on the Lower Yellowstone and to attack the operations of Fort Peck Dam.

First, two months have elapsed, and no decision has been announced.

Second, I have read the 109 page transcript of the hearing verbatim.

By request, I have given the Project Manager of Lower Yellowstone Irrigation Project an analysis of my reading of the transcript. There are things going on in the transcript that could be what is taking so long for the decision to be announced. That is how the two factors combine to cause concern.

Let me temper the concern by adding that there are bright spots in the transcript that ought to bode well for us.

I am not publishing my analysis of the transcript at this time, but I am providing everyone a copy of the transcript at the link below. This gives everyone an opportunity to read it and make your own analysis.

Here is the link to Transcript of Motion Hearing, Defenders of Wildlife v. U.S. Army Corps of Engineers, U. S. District Court, Great Falls Division, Case No. CV 15-14-GF-BMM, April 26, 2018.

04-26-2018-dow-v-usace.pdf
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