Judge: Ag Undersecretary Avoids Jailtime
Published: 2/28/08, 12:45 AM EDT
By MATT GOURAS
MISSOULA, Mont. (AP) - A federal judge decided Wednesday not to hold a Bush administration official in contempt over court orders requiring a federal environmental study on the effects of a chemical fire retardant.
U.S. District Judge Donald W. Molloy had threatened to send Agriculture Undersecretary Mark Rey to jail after the U.S. Forest Service was slow in responding to court orders, suggesting the agency was trying to skirt environmental law.
Although Molloy was critical of the agency, he said it ultimately filed the necessary documents. He added the threat of contempt helped spur the agency into action.
"It would be inappropriate under the circumstances to hold (Undersecretary) Rey or the Forest Service in contempt," Molloy said.
During testimony on delays in preparing the environmental study, Molloy noted the Forest Service took 2 1/2 years to comply with his order. He called it a "systematic disregard of the rule of law."
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