First of all, the words smart and guts in the same sentence with senator is an oxymoron. And I agree, judges had the "fix" in with the bird.
I worked for a state senator in 1987 during the height of the bird issues (Wash State). He fought the bird, greeners AND the industry.
What was amazing to me was how the forest products industry did not work together - only for their own motives.
Divide and conquer became the tactic of liberal legislators and tree huggers. We "lost" as a result.
Scoop Jackson would have never let the owl kill the forest industry.