Federal judge who ruled in water cases steps down - San Jose Mercury News
The decisions of judge Oliver W. Wanger—who leaves the courthouse on Sept. 30—have at times angered farmers, environmentalists and federal government officials. Despite this, Wanger, 70, is recognized by all sides for his historic role and his strict adherence to the law.
"Over the course of the last two decades, no one has had a greater influence on California water than Judge Wanger," said Tom Birmingham, general manager of the Westlands Water District, the largest agricultural water district in the nation, which has participated in numerous cases before the judge. "There isn't a judge for whom I have greater respect."
Bill Jennings of the California Sportfishing Protection Alliance, which has often opposed Westlands in court, echoed the sentiment: "We have found him to be a fair judge who addresses what is before him."
Despite his departure, Wanger continues to wield considerable power. Those critical of the judge were unwilling to say so openly and others did not want to comment due to pending litigation. Several federal agencies as well as environmental groups Earthjustice and the Natural Resources Defense Council would not comment about the
judge's legacy.Wanger said he was stepping down due to family obligations as well as a crushing caseload. The judges in the Eastern District of California, which stretches from the Oregon border to the Tehachapis, have an average of 1,200 active cases each, he said, one of the highest caseloads in the nation. The remaining two Fresno judges will divide up Wanger's cases, including water cases.
"The work to be done and the ability without the resources to do it is inexplicable," Wanger said.
The judge puts in 75 to 80 hours per week, often spending weekends doing research. Wanger has four sons, one stepson and seven grandchildren.
Hobbies? The law, he says. But he also likes cars, has an aquarium with tropical fish in his chambers and does take occasional fishing trips with his children.
Wanger is best known for his mastery of arcane state and federal water rules and for the technical detail of his oft-several hundred pages long rulings.
"I think those cases have been an incredible challenge," said Holly Doremus, a law professor at the University of California, Berkeley. "Judge Wanger took very seriously the task of sorting through the facts in these extremely complex, scientific cases."
Wanger has made more than 90 decisions concerning water. In recent years, as the health of the delta deteriorated and fish populations collapsed, his rulings aimed at protecting the threatened smelt, salmon and other fish have restricted water deliveries. Those cutbacks, as well as restrictions tied to a three-year drought, upset water users, spelling losses for more than 25 million urban Californians and for growers in the state's farm belt.
But the judge later upset environmentalists when he temporarily lifted the restrictions to speed more water to fields. And several times the judge chastised federal agencies for using sloppy science and ordered them to rewrite their plans to protect the smelt and salmon while assessing the impacts on cities and farmers.
Some legal experts have criticized Wanger for requiring very high levels of proof, including an environmental analysis, from federal agencies as part of their fish protection plans.
Wanger acknowledges that his rulings upset people, but he cautioned that the public sometimes expected solutions not in the purview of a judge, especially when it comes to balancing the needs of fish and humans. The Endangered Species Act, which protects the salmon, dictates that species must be protected at all costs.
"Federal judges don't make the law or set policies. We simply apply what legislators decide," Wanger said. "It's up to Congress to change the law if people don't like it."
The judge said he expected the water cases to drag on for years.
"I think the legacy of these cases," Wanger said, "is that they have focused on the very substantial problem that faces California in its water supply, how the state should prioritize it, develop it, store it and use it."
Wanger, who was born in Los Angeles, was nominated to the bench in 1991 by then-President George W. Bush. He got his degree from the Boalt Hall School of Law at UC Berkeley.
He first came to Fresno in 1967 as a deputy district attorney and later went into private practice. Five years ago, he assumed senior status, but instead of going into semiretirement he kept his entire caseload.
He is returning to private practice at the newly created firm of Wanger Jones Helsley PC. He has already started teaching at the Clovis-based San Joaquin College of Law, which he helped found in 1969.
Meantime, all sides in the water disputes say they hope the next judge will be equally competent.
Russ Waymire of Families Protecting the Valley, a farmers' group, said: "I have real fears now about who is going to be the next federal judge appointed to rule on these very serious issues. Because he will determine who in California will prosper in the future and who will lose water and go out of business.
25 Sep, 2011--
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