California Water: The Judge’s Questions

The judge’s questions: Last Friday, federal Judge Oliver W. Wanger issued questions to a panel of experts he appointed to consider the U.S. Fish and Wildlife Service’s biological opinion on endangered smelt in the Delta. To really make sense of the list, which focuses on a narrow range of issues concerning the service’s scientific conclusions about smelt migrations and the effect of Delta pumping on the fish, you’ll need to go and wade through the evidence presented in the trial so far (when you get done with all the motions, declarations, statements, and supporting research, you might be looking at tens of thousands of pages). But the list is interesting even without that file trek, because it sheds some light on what subjects Wanger sees as central to the case. (Here’s the order, in PDF form: Judge Wanger’s Questions).

Who are the “706 Experts” he refers to therein? They’re a group of scientists Wanger chose last November after nominations from the water contractor plaintiffs who are challenging the smelt biological opinion and from the federal agencies who are defending it. “706” is a reference to Federal Rule of Evidence 706, which provides for court appointment of expert witnesses. The panel is: Paul Fujitani, an employee of the Bureau of Reclamation, as an expert on Central Valley Project operations (the bureau is a defendant in the case); Thomas P. Quinn, a professor of aquatic and fishery sciences at the University of Washington; Andre Punt, another UW professor, an expert in fish population dynamics and statistics; and, “if necessary,” John Lehigh, an employee of the state Department of Water Resources, as an expert on State Water Project operations.

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