Voices: Activist judges

May 08, 2008 10:12 pm

— Concerning the controversy about Aquila’s Cass County power plant: Power plants are a necessary evil and previously utility companies have been allowed to build facilities they needed to provide customers with needed services.
I don’t know who the people are in stopaquila.org who started the lawsuits against Aquila’s power plant, but they probably are “environmentalists” who don’t want any power plants built but they still want cheap electricity. Millions of dollars had already been spent on this plant before any suits were filed.
In a recent Globe article, Barton County Judge Charles Curless decries “activist legislation.” What are legislators supposed to be if not activists? Are they just supposed to sit there and wait for the judges to tell them what to do? I don’t think so.
The rulings of the different courts in this case seem irrational to me. Aquila owns the land, and the population needs the power plant for Aquila to provide electricity for them. They proceeded as they had been allowed to do in the past.
These court rulings against the power plant are examples of “activist judges” changing the law to suit their own whims or “legislating from the bench.” Legislators are supposed to make laws, and judges are supposed to enforce them. Curless obviously thinks that activist judges like him should make the laws instead of our elected government.
If Ed Emery’s legislation can restrain these judges from the stupidity of destroying a functioning $140 million power plant, more power to it.
James F. Harms M.D.
Nevada