ANGLERS OF THE AuSABLE, INC v. DEPARTMENT OF ENVIRONMENTAL QUALITY

I respectfully, but vigorously, dissent from the extraordinarily lawless and profoundly dangerous lead opinion and from the results reached by a majority of this Court.

This case represents one of the most shocking examples of the assertion of power that is not grounded in the constitution or any statute. This case is simply an empty vehicle to reach desired policy results.1 This is so because this case was moot in June 2010 when the majority inexplicably denied defendants’ meritorious motion to dismiss for mootness;2 this case was moot in November 2010 when this Court heard oral arguments *92on…