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Judge dismisses delta smelt protections
Los Angeles Times ^ | December 15, 2010 | Bettina Boxall

Posted on 12/15/2010 7:01:27 AM PST by Cincinatus' Wife

A federal judge Tuesday threw out much-disputed delta smelt protections that have cut water shipments to Southern California and the San Joaquin Valley, finding that federal biologists failed to justify aspects of the restrictions.

But the ruling in a long-running legal battle was not a clear-cut victory for water contractors, who lost some of their fundamental arguments against the pumping reductions.

The decision by U.S. District Judge Oliver Wanger means that the U.S. Fish & Wildlife Service will for the second time have to rewrite the endangered species document that regulates operation of the huge state and federal pumps that send water south from the Sacramento-San Joaquin Delta.

Whether the pumping limits will be relaxed in the meantime will not be decided until more court hearings are held early next year.

Both sides in the case saw reason for hope in Wanger's complex 225-page ruling.

Wanger concluded that fish and wildlife's rationale for several of the key pumping limits was flawed, rendering its 2008 biological opinion for smelt arbitrary and capricious. But he also found support for the agency's determination that the pumping operations "are likely to jeopardize the continued existence" of the smelt, a once-abundant native of the delta driven to the edge of extinction.

(Excerpt) Read more at latimes.com ...


TOPICS: Business/Economy; Crime/Corruption; Front Page News; News/Current Events; US: California
KEYWORDS: california; environmentalism; farmers; fish; smelt

1 posted on 12/15/2010 7:01:30 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

He who smelt it, dealt it.


2 posted on 12/15/2010 7:02:09 AM PST by dfwgator (Welcome to the Gator Nation Will Muschamp)
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To: Cincinatus' Wife

So without electricity and these pumps would people even be able to survive in southern ca?


3 posted on 12/15/2010 7:03:11 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: dfwgator


4 posted on 12/15/2010 7:05:33 AM PST by Cincinatus' Wife (Allhttp://www.freerepublic.com/focus/f-news/2122429/posts)
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To: driftdiver
It's about farming.


5 posted on 12/15/2010 7:07:52 AM PST by Cincinatus' Wife (Allhttp://www.freerepublic.com/focus/f-news/2122429/posts)
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To: dfwgator

Smelt, used to catch them in seining nets and fill 5 gallon buckets, spend hours cleaning them and drinking beer, preping for deep frying fish fries. Of course this was in Wisconsin.


6 posted on 12/15/2010 7:12:43 AM PST by sniper63 (Did you plug the hole in the border yet daddy........)
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To: sniper63

Alewives?


7 posted on 12/15/2010 7:23:22 AM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: sniper63
You'd be hard pressed to make a meal out of these smelt. They aren't even big enough to call bait.

Personally I think this is more about the 70's argument about flushing the pollution out of the SF bay. I think the smelt argument is just a means to fulfill that liberal dream. After all those liberals deserve a clean bay, right?

(but we do get all the SF smog as it flows down the valley, then the Air pollution people blame us for it as it pools at the valley end.)

8 posted on 12/15/2010 7:24:50 AM PST by ResearchMonkey (Holding Conservative Country in California.)
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To: Cincinatus' Wife
We need to march on Washington and demand that they get the hell out of lives, or it's time to emigrate.
9 posted on 12/15/2010 7:26:43 AM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Cincinatus' Wife; fish hawk; steelie; tubebender; Ernest_at_the_Beach; SierraWasp
Two enviral bs issues here:

1. The smelt were picked by fish and game and their enviro bs buddies to become totem icons that supposedly needed protection. As usual with liberals, there was no real science. The farmers and merchants in the politically conservative areas south of Sacramento became economic targets of the Ob0z0 thugs and their enviro thugs in Sacramento. The Shad become the tool and weapon for the left wing thugs and their enviral hitmen.

2. California goes through wet and dry cycles. We are in a current wet cycle, and the dam operators have to release billions of gallons of water to prevent flooding and maybe bursting the dams.

Below is a chart of flows of the American River in the Sacramento Area. Flows are running 10X or more than the 54 year average. Parking lots in some areas are being threatened by the high water.


10 posted on 12/15/2010 7:36:53 AM PST by Grampa Dave (ILLEGAL IMMIGRATION IS DESTROYING AMERICA-LOOK AT WHAT IT DID TO THE WHITE HOUSE!)
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To: Cincinatus' Wife
Of all the smelts I ever smelt,I never smelt a smelt like that smelt smelt.-Groucho Marx.
11 posted on 12/15/2010 7:44:02 AM PST by 4yearlurker (I can't afford anymore hope and change!!!!)
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To: sniper63

We eat smelt guts, feathers and all here in Humbug county...


12 posted on 12/15/2010 7:44:16 AM PST by tubebender (If you can not read, this thread will tell you how to get help)
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To: ResearchMonkey

You don’t eat a smelt, you fry up a bucket of them and then dig in...good eating, easy to gut...the smaller ones you can even eat the tail....


13 posted on 12/15/2010 7:48:13 AM PST by goat granny
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To: tubebender

We take the feathers off as they stick in your teeth, only eat the head off the first one out of the net for good luck.


14 posted on 12/15/2010 7:48:34 AM PST by sniper63 (Did you plug the hole in the border yet daddy........)
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To: Cincinatus' Wife
I googled "What is the delta smelt good for?"

The first article up was an LA Times bloviation.

The author had 4 reasons; to summarize:

1. It's the law. The Endangered Species Act is a really good law.

2. The goal of the Endangered Species Act is not just to
protect single species but also the ecosystems on which
they depend.

3. It's a really cool fish because it can swim in the
mixture of fresh and salt water. Not many fish can
do that.

4. Finally, the Torah says that if you save an individual,
you save an entire universe.

So, save this fish and save the universe

Image and video hosting by TinyPic

15 posted on 12/15/2010 7:57:52 AM PST by Cyber Ninja (Live and Let Live; is not working...)
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To: Cincinatus' Wife

Excellent news.


16 posted on 12/15/2010 8:08:34 AM PST by steelyourfaith (ObamaCare Death Panels: a Final Solution to the looming Social Security crisis ?)
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To: Cincinatus' Wife

Yet another rogue government agency tyranizes the public illegally in violation of the US constitution. News at 11:00.

I can only wish the coming GOP majority would do something about these tyranical agencies. All of them should have their funding cut 50%, leaving them with only enough money to fund their highest priorities. At least that would reign in the scale of their dictatorial power grabs.

These agencies should all be bare bones with just enough money and staff to do the utmost important items, and no more.


17 posted on 12/15/2010 8:16:51 AM PST by Freedom_Is_Not_Free (TSA apologists deserve neither Liberty nor Safety. END the TSA.)
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To: goat granny

I guess if I was hungry enough. Rule of thumb: it should be larger an anchovy.

18 posted on 12/15/2010 8:19:06 AM PST by ResearchMonkey (Holding Conservative Country in California.)
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To: ResearchMonkey

19 posted on 12/15/2010 8:22:30 AM PST by WVKayaker (Faith makes the discords of the present become the harmonies of the future - Robert Collyer)
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To: ResearchMonkey

We use to throw out the larger smelt, like them small, but bigger than a minnow LOL...Larger smelt were like gutting a small perch, yukky....I was quite young when dad first took me smelt dipping off of lake Huron. Nighttime with a flash light looking for the small streams off the lake. It was a thrill for a little girl, I was the youngest and he didn’t treat me any different than he would a son..My brother was 10 years older than me and not much for outdoor stuff. Although he did get a young deer at 16. Never went hunting again...


20 posted on 12/15/2010 8:27:37 AM PST by goat granny
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To: WVKayaker

LOL, the fish are suppose to bigger than the chips! I guess if it was on the table, I’ve eaten worse.

Nonetheless, turn up those pumps and you can have the fishy parts that float out of the other side. — We can fill your belly with our valley grown food. ;)


21 posted on 12/15/2010 8:33:51 AM PST by ResearchMonkey (Holding Conservative Country in California.)
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To: Cincinatus' Wife

The “Delta” smelt is not native to California!!!!!!!!!!!!


22 posted on 12/15/2010 8:37:30 AM PST by TenthAmendmentChampion (Darwinism is to Genesis as Global Warming is to Revelations.)
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To: TenthAmendmentChampion

LOL that is great news~!


23 posted on 12/15/2010 8:38:33 AM PST by abigail2
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To: TenthAmendmentChampion
LOL that is great news~!

Michael Steele Must Go!. Sign the Petition! HERE

24 posted on 12/15/2010 8:39:07 AM PST by abigail2
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To: Cincinatus' Wife

We were at that rally in front of City Hall in Fresno! It was hot that day!


25 posted on 12/15/2010 8:40:58 AM PST by TenthAmendmentChampion (Darwinism is to Genesis as Global Warming is to Revelations.)
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To: Grampa Dave
Good news,...thanks for the ping..

Don't think the charts made it to the thread.

26 posted on 12/15/2010 9:58:00 AM PST by Ernest_at_the_Beach ( Support Geert Wilders)
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To: TenthAmendmentChampion

Great turn out!

Bump!


27 posted on 12/15/2010 10:08:29 AM PST by Cincinatus' Wife (Allhttp://www.freerepublic.com/focus/f-news/2122429/posts)
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To: Cincinatus' Wife

It’s about more than farming! There is oil and natural gas in the San Joaquin.

My family owns 20 acres of land in Kings County. The BLM is trying to get us to sell to them, claiming they intend to establish a wildlife preserve. I believe they’re lying and it is really about a land swap.

This land used to be an island, called Atwater Island, in the now extinct Tulare Lake. It is a geological formation known as a natural gas dome. Today, the area is dotted with gas wells.

For the past 15 years we have received many offers to buy the property. This is strange, as the land is barren, has no water and is unsuitable for farming and just about everything else. My father inherited the parcels through his family and it was originally purchased as part of land speculation — oil and natural gas.

We suspect Pacific Gas & Electric wants that land.

Though it is possible that the BLM may try to reestablish Tulare Lake, by flooding the area around the dome with the water originally intended for farmers, I doubt it.

The American Land Conservancy has also sent us notices about this property and are working hand-in-hand with the BLM on this project to buy up Atwater plats. They together have been caught doing illegal land swaps in Nevada — swapping environmentally sensitive land for less valuable property with an interested third party, a business intent on development.

I believe PG&E is willing to swap undeveloped land somewhere else for the Atwater plats, which have the potential to allow the utility to store vast amounts of natural gas underground.

With ALC’s past behavior in the Klamath Lake water cutoff and the Department of the Interior’s part in all these actions, I smell something really rotten vis a vis the San Joaquin irrigation water cutoff.

FYI — the former Secretary of the Interior, Bruce Babbitt, who was heavily involved in destroying Klamath Lake farmers, is now a powerful member of American Land Conservancy’s Board of Directors.

I’m sure an investigation of the situation in San Joaquin will uncover ALC’s involvement there — maybe offering really cheap prices for land.


28 posted on 12/15/2010 11:53:54 AM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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To: Cincinatus' Wife
Victor Davis Hanson

Two Californias

Abandoned farms, Third World living conditions, pervasive public assistance -- welcome to the once-thriving Central Valley.

The last three weeks I have traveled about, taking the pulse of the more forgotten areas of central California. I wanted to witness, even if superficially, what is happening to a state that has the highest sales and income taxes, the most lavish entitlements, the near-worst public schools (based on federal test scores), and the largest number of illegal aliens in the nation, along with an overregulated private sector, a stagnant and shrinking manufacturing base, and an elite environmental ethos that restricts commerce and productivity without curbing consumption.

[snip]
29 posted on 12/15/2010 12:36:09 PM PST by Locomotive Breath
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To: Cincinatus' Wife

What a joke. If they need to find a home for the smelt just dump them somewhere else.


30 posted on 12/15/2010 12:37:17 PM PST by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: driftdiver

“So without electricity and these pumps would people even be able to survive in southern ca?”]

I’m guessing in a few parts they could, like the areas that were originally settled. The rest of the overdeveloped desert areas surrounding that, probably not.


31 posted on 12/15/2010 2:50:34 PM PST by Boogieman
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To: WVKayaker
*smacks lips*

Loves me some fried smelt!


32 posted on 12/15/2010 5:19:05 PM PST by DemforBush (I got three passports, a couple of visas. You don't even know my real name..)
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To: DemforBush

That appears to be a way to convey two major food groups — salt and fat.


33 posted on 12/16/2010 3:04:09 AM PST by Cincinatus' Wife (Allhttp://www.freerepublic.com/focus/f-news/2122429/posts)
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To: Locomotive Breath

VHD Bump!


34 posted on 12/16/2010 3:05:28 AM PST by Cincinatus' Wife (Allhttp://www.freerepublic.com/focus/f-news/2122429/posts)
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To: Cincinatus' Wife

Yep. Fairly high in cholesterol, too.

OTOH, smelts also have tons of Omega-3 fatty acids, and are naturally high in B12 vitamins - all in addition to being incredibly tasty, of course. :-)


35 posted on 12/16/2010 3:17:39 PM PST by DemforBush (I got three passports, a couple of visas. You don't even know my real name..)
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To: Ernest_at_the_Beach; Swordmaker; AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; ColdOne; ..

Thanks Cincinatus' Wife.
A federal judge Tuesday threw out much-disputed delta smelt protections that have cut water shipments to Southern California and the San Joaquin Valley... not a clear-cut victory for water contractors, who lost some of their fundamental arguments against the pumping reductions. The decision by U.S. District Judge Oliver Wanger means that the U.S. Fish & Wildlife Service will for the second time have to rewrite the endangered species document that regulates operation of the huge state and federal pumps that send water south from the Sacramento-San Joaquin Delta... Wanger concluded that fish and wildlife's rationale for several of the key pumping limits was flawed, rendering its 2008 biological opinion for smelt arbitrary and capricious. But he also found support for the agency's determination that the pumping operations "are likely to jeopardize the continued existence" of the smelt, a once-abundant native of the delta driven to the edge of extinction.

36 posted on 12/17/2010 8:39:57 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: Cincinatus' Wife

bump

The commiecrats need a lesson on the simple basic food chain!


37 posted on 12/18/2010 9:28:13 AM PST by Dubya-M-DeesWent2SyriaStupid!
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