What you are missing here Flytyer is that the appeal to the next higher court was done by Earthjustice and not the federal government. It should have been the federal government going to court to protect the science of it's own scientists. What chance did an under funded Earthjustice have of winning this case? Two twenty six year old lawyers with limited funds argueing against the likes of a dozen well schooled lawyers fully funded by the Pacific Legal Foundation or better yet big business. The Bush administration did not go to bat for wild fish. Nixon, even the former Bush administration would have gone to court to protect the threatened right of the ESA and the law of the land. And there are many who say that this case can go to the supreme court if the government really wanted it to. If you know how government works you know that the administration could have stopped this before it ever started. The P.L.F. has a lobby in the white house 24/7. It would have been so easy to say lay off this one is just too hot. If you think the intentions of the PLF was not backed by this administration then I have a dam on the Snake River I can sell you real cheap.
Even you and your political beliefs and you know I respect them because that's who you are and your a friend but you know this administration is out to gut everything that so many people from all political spectrums worked for together for so many years now.