Do you realize what you just said. (No issues with anything the the federal judge did besides ripeness.) If the case wasn't ripe, it shouldn't have been heard at all. So you proved DFR on a case that should have been thrown out. OK, Now pony up another $1.8 and try it again.Listen to the ninth circuit audio, that court had no question and no issues with anything the federal judge did besides ripeness.
If the court finds it not ripe yet that does not change the facts. USAPA has been found liable of DFR that does not change.