Corps of Engineers refuses to drop Missouri River levels despite judge's order

Associated Press ^ | 07-15-03

[Brian S]

The Army Corps of Engineers refused late Tuesday to reduce water levels on the Missouri River despite a federal judge's order to cut flows to protect endangered birds and fish.

The corps said the judge's order, issued Saturday, conflicts with a federal court ruling last year that there must be enough water in the Missouri for barges to navigate and power plants to operate.

[TheConservator]

I have had a client in exactly this situation--being simultaneously ordered to do two irreconcilably conflicting things by two different government agencies. It is a classic example of the bureaucrats run amok.

Of course, in this case, since it is happening to a "holier than thou" agency, it isn't all bad.

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[farmfriend]

Rights, farms, environment ping.

Let me know if you wish to be added or removed from this list.

[em2vn]

"U.S. District Judge Gladys Kessler."
Why does that name ring a bell?

[PatrioticAmerican]

It seems many of us need to take the same stand: "Hey, judge, just what the Hell are YOU going to do about it??!! uh??"

[farmfriend]

"It is impossible to simultaneously comply with the conflicting flow requirements obtained in the two orders," the corps said in a statement.

Ya think?

[PhiKapMom]

Sure glad the Corps of Engineers is telling this judge to stuff it. Putting endangered species (probably are not endangered to begin with) ahead of people is insanity!

[em2vn]

QUOTATION: We have a responsibility to “make a difference” in the legal system and the administration of justice. My hope is that when historians assess the impact of this early wave of successful women entering all corners of the legal profession, they will not find us wanting.
ATTRIBUTION: Gladys Kessler, U.S. appellate court judge. As quoted in Fordham Magazine, p. 11 (Spring/Summer 1994).

From an article that originally appeared in District Lawyer magazine in 19

[Alberta's Child]

It is impossible to simultaneously comply with the conflicting flow requirements obtained in the two orders," the corps said in a statement.

The corps should have followed this statement up by saying, "Therefore, we will obey whichever f#cking ruling we feel like obeying."

[Ben Hecks]

"Earlier Tuesday, U.S. District Judge Gladys Kessler in Washington denied a request by the Justice Department and the state of Nebraska to suspend her ruling ordering the low flows."

Who needs Al Qaeda when you have leftist judges like Gladys Kessler. Thanks again, Clinton.

[FreedomCalls]

"U.S. District Judge Gladys Kessler."
Why does that name ring a bell?

She's made a lot of decisions. I think she ruled that the fake Lynx fur indicated that there was need to protect virtual Lynx habitat.

http://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=Gladys+Kessler&btnG=Google+Search

[nwconservative]

What can the judge actually do when an order is refused besides fume? Besides the government has the duty to protect life and property, not some miniature seagull. It is about time our government started protecting human life and property, over that of some endangered Democrat Fart Beetle.

I believe the ESA should be challenged on the constitutional grounds that human life and property takes precedence over non-human life. Those truths are self-evident.

[FreedomCalls]

What can the judge actually do when an order is refused besides fume?

The most famous example being the Supreme Court ruling in Worcester vs. Georgia where the Supreme Court ruled that expelling the Cherokee out of Georgia on the "Trail of Tears" was illegal, a violation of treaties, and unconstitutional. President Andrew Jackson is said to have replied, "John Marshall has made his decision, now let him enforce it." The Cherokee were expelled anyway in spite of the ruling.

[stboz]

Andrew Jackson, the archtypical redneck. He couldn't read, neither.

I guess I need to thank him, or otherwise I would need the permission of the Cherokee Nation to vacation in northern Georgia.

[Ann Archy]

So....an idiot judge knows more about water levels than the Army Corps of Engineers. Give me a break. The Judicial system, is broken beyond all repair.

[Old Professer]

Is the slide rule mightier than the gavel?

[Old Professer]

You can't spell, either.

[BlazingArizona]

Is the slide rule mightier than the gavel?

Until a federal Judge canute and reverse the tides and make water fall up, yes it is.

[BlazingArizona]

Is the slide rule mightier than the gavel?

Until a federal Judge Canute can reverse the tides and make water fall up, yes it is.