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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
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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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