Central Platte Natural Resources District v. State

I agree that the decision of the Department of Water Resources must be reversed in order that the director can consider the effects of the Prairie Bend Project. However, I disagree with the majority’s determination concerning Dr. Ann Bleed’s participation in this matter.

She not only coauthored a report which involved the central issue the director was to decide and examined witnesses, she may, or may not, have been a part of the decisionmaking process. If she was, her participation as a coauthor of the article on the central issue before the director would entitle a reasonable disinterested…