~10/5/2020~
Here is the audio link to today’s oral arguments in Washington D.C.
https://www.youtube.com/watch?v=sgprW9lbS6A
There are 3 cases and it looks like we may be 3rd on the docket. If you don’t want to hang on the phone waiting for our argument to start, there will be a recording posted on the Court’s website this afternoon, usually by 3 pm.
~UPDATE 10/6/2020~
A note from SFLECC Lake Levels Task Force Chairperson:
Many of you are aware that our court hearing in the US Court of Appeals – DC Circuit was yesterday, and I am sure many of you listened in. I will start with my take on the hearing and then I will summarize the follow up phone call I had with our attorney.
All in all, I felt the judges had read the materials beforehand and were prepared to ask ALL the sides thought-out questioning. Even when it comes to polar bears! (If you listened to the hearing, you’ll get this reference.) I will be honest, I do not feel that we have a leg up on the other parties, but I do not feel that either of them have a leg up on us. I feel the decision is up in the air, but I am happy that we have impartial judges making a decision instead of what we’ve been dealing with to this point with FWS using the ESA to hide behind, and FERC taking the complacent and easy route of agreeing with the FWS.
In speaking with our attorney yesterday afternoon, he feels our evidence is solid especially with some of the lines of questioning the judges had for the other 2 attorneys. He said he doesn’t want to get our hopes up because it is completely up to the judges. I asked if there was a set time that the judges had to make a decision and he said no. He anticipates 30-60 days before we hear a decision. He said he has heard of some judges rendering a decision after 2 weeks, but also others taking 11 months. I also asked if he is able to submit any kind of summary or final remarks and he said not unless the judges instructed him to do so, and they did not in this case.
So now we are back to waiting on a decision and not knowing when we will hear that decision. This is all too familiar of a situation over the last 6 years. Keep your fingers crossed that we hear the decision we want to hear and please continue to pray for rain, as that is our only means of immediate relief.
Thank you for your continued help and support of this issue.
