Does anybody really want the ninth circus court of appeals to decide ANYTHING? Any decision they make will be the wrong one. That's what they do.
That's not why this suit was filed, however, one would assume that the more pertinent constitutional issues will come up during the examination of the project.
The facile notion that "they might hurt the environment" would hopefully be seen for the thin gruel that it is. Yet, by taking the case, the courts can finally address the more important underlying legal basis.
While one may certainly dismiss the stated reason for opposing the breakup of the state out of hand, one can still welcome the much needed clarification on the constitutional precepts that gird the entire thing.
It should also be noted that since this is a matter of constitutional interpretation, it will ultimately need to be decided by the Federal courts, not the state courts.
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