Judge James A Redden

We lost a giant of a Judge yesterday:

https://www.opb.org/news/article/james-a-redden-oregon-politician-and-judge-dies-at-91/

Judge Redden was one of the few people with authority in the Federal government that had the fortitude and guts to stand up for the Pacific salmon in the Columbia Basin, at a time when they needed it most.

The powers-that-be were stacked against him, but his clear, concise, insightful, and powerful legal rulings help turn the tide towards the needs of the salmon in the Columbia River. All of us who value these fish should salute this Judge for what he was: A giant who will forever be remembered for what he did for Pacific salmon.

RIP Judge Redden.

Judge Redden was the biggest advocate for Columbia River salmon and steelhead in the entire federal government, by far.

Fish on...

Todd

Yup. Tough loss. Rest in peace, Your Honor.

It's sad that, what, 15 years later, we're still litigating over inadequate BiOp after inadequate BiOp. Yes he took a tough stance, but he had to be awfully disappointed that a workable and intellectually honest recovery plan for the Columbia River has yet to come to fruition before his death.

As we sit today, the Lower Snake River Dams are off the table. Beyond sad.

It is a shame that the last hope we have is the Courts and they can't get compliance, either. Wonder if WSC were to win of anything would actually change.

Judge Redden did what he could, but he couldn’t do it all. At some point, the Federal government (Executive Branch) needed to do what was necessary. And they failed. Repeatedly.

But there was a reason for that. Unlike some Federal actions (e.g., a Forest Service timber sale or a BLM grazing permit), shutting down the Federal hydropower system due to non-compliance with the ESA was never an option. Water is going to flow downhill regardless of the politics or the legal rulings. So they gotta run the turbines and manage the water even if it’s outside the bounds of Federal law.

My sense is that if shutting off the hydropower system were possible, Judge Redden would have done so. I know because I sat in his court room on many occasions to listen to the legal arguments on the application of the ESA on the Columbia River. Judge Redden was often very frustrated with the position taken by the Federal government, but he knew his limits. And so did the Federal government. That’s why the Federal government has failed so many times. It’s because they can get away with it, and still operate the hydropower system.

I would add that Judge Simon, who took over for Judge Redden, has the same limitations. Best of luck to Judge Simon.

Thank you, Judge Redden.... RIP

https://youtu.be/DxXUScL-8Ko?t=2944