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Judge: Salmon protections too costly to water users
Contra Costa Times ^ | 9/20/11 | Mike Taugher

Posted on 09/20/2011 8:23:32 PM PDT by SmithL

For the second time in a year, a federal judge has tossed out a key permit governing Delta water deliveries.

The permit was meant to prevent salmon runs and other fish from going extinct.

. . .

"Some of (the National Marine Fisheries Service's) analyses rely upon equivocal or bad science to impose (restrictions) without clearly explaining or otherwise demonstrating why the specific measures imposed are essential" to protect salmon, steelhead and green sturgeon,

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


TOPICS: Extended News; Front Page News; Government; US: California
KEYWORDS: deltasmelt; environmentalism; junkscience; salmon; waterwars
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1 posted on 09/20/2011 8:23:39 PM PDT by SmithL
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Wanger, Oliver Winston
Born 1940 in Los Angeles, CA

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of California
Nominated by George H.W. Bush on January 8, 1991, to a seat vacated by Milton Lewis Schwartz; Confirmed by the Senate on March 21, 1991, and received commission on March 25, 1991. Assumed senior status on May 31, 2006.

Education:
University of Southern California, B.S., 1963
University of California, Berkeley, Boalt Hall School of Law, LL.B., 1966

Professional Career:
U.S. Marine Corps Reserve Sergeant, 1960-1967
Deputy district attorney, Fresno County, 1967-1969
Adjunct professor, Humphrey College of Law, 1968-1969
Private practice, Fresno, California, 1969-1991
Adjunct professor, San Joaquin College of Law, Fresno, California, 1970-1991
Dean of the law school, 1980-1983
City attorney, City of Mendota, California, 1975-1980
Temporary judge, Superior Court of California, County of Fresno, 1988
Pro tem settlement conference judge, Superior Court of California, County of Fresno, 1989

2 posted on 09/20/2011 8:24:13 PM PDT by SmithL (Soon to be a former California resident.)
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To: SmithL

Finally some push-back against the econazis!


3 posted on 09/20/2011 8:29:11 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: SmithL

This guy is clearly not afraid of Obama.


4 posted on 09/20/2011 8:29:48 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: SmithL

A Judge that has some common sense. Liberal Judges and environmental wackos have destroyed the water sources to the Central Valley, that is considered the US “foodbasket”. Many of the farms there have been destroyed over a little bait fish that was supposed to be endangered. (It wasn’t) I am glad this Judge reminds that people are important too.


5 posted on 09/20/2011 8:31:56 PM PDT by Grey Eagle
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To: SmithL

Why the green-nuts are getting tied up in knots over common fish that are all known to be thriving elsewhere, including some fish that weren’t even present in the area a century ago, is beyond me. I guess it’s beyond this judge too.


6 posted on 09/20/2011 8:32:23 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: HiTech RedNeck

Its about power and control. The fish are a means to that end. Nothing more.


7 posted on 09/20/2011 8:36:40 PM PDT by Norm Lenhart (Chief Druid of Trollhenge: Cult of Palin)
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To: SmithL
Salmon are being sold in every grocery store in America.

Why is that if they are in danger of going extinct?

8 posted on 09/20/2011 8:43:51 PM PDT by Harmless Teddy Bear (Can we ask questions which God finds unanswerable? Easily. All nonsense questions are unanswerable.)
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To: SmithL

The system can only take so much abuse before things are corrected. People like this judge are going to start popping up more frequently as these overblown so called protections are shown for what they are. Massive power grabs hurting the public.


9 posted on 09/20/2011 8:45:04 PM PDT by Lazlo in PA (Now living in a newly minted Red State.)
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To: Lazlo in PA

Having spent years writing on landuse issues, I can guarantee you that once the gen pub truly grasps what is really being lost by these eco-nazi regulations, and how personally they are effected/paying for them, we will indeed see more like the good judge.

It is beyond what the average person can truly fathom. Read State of Fear by Michael Chrichton and Rainbow 6 by Clancy. Those books are not far from the truth. In SOF’s case, it IS the 99.999% truth.


10 posted on 09/20/2011 8:51:31 PM PDT by Norm Lenhart (Chief Druid of Trollhenge: Cult of Palin)
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To: Harmless Teddy Bear

Apples & oranges....most in stores are artificially-colored, farmed Atlantic Salmon, not the West Coast wild varieties of kings, reds, cohos, pinks, etc.

JC


11 posted on 09/20/2011 9:31:32 PM PDT by cracker45
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To: Harmless Teddy Bear

Apples & oranges....most in stores are artificially-colored, farmed Atlantic Salmon, not the West Coast wild varieties of kings, reds, cohos, pinks, etc.

JC


12 posted on 09/20/2011 9:31:32 PM PDT by cracker45
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To: Harmless Teddy Bear

Love the wild salmon. But there are reasonable measures to take, then theres taking the food from the farmers’ kids’ mouths.


13 posted on 09/20/2011 9:36:05 PM PDT by RitchieAprile
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To: cracker45
Yet, a lot of it is. Pricey but available.

My point is that if we are eating them in vast quantities they can not be that endangered.

If they are then maybe we should quit eating the wild ones for a bit. Here the limit is five a day, over 10".

For a lake sturgeon, which actually is endangered, the limit is one a year if you have a tag and only in certain areas. You won't find sturgeon in any store. If you are a valued friend, the angler who caught it might invite you over for dinner.

You see the difference?

The fish is, they say, in such danger that we have to ruin miles of farm land to save it yet it is chowed down on by the ton. It makes it very hard to take them seriously.

14 posted on 09/20/2011 10:17:51 PM PDT by Harmless Teddy Bear (Can we ask questions which God finds unanswerable? Easily. All nonsense questions are unanswerable.)
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To: Harmless Teddy Bear
The fish is, they say, in such danger that we have to ruin miles of farm land to save it yet it is chowed down on by the ton. It makes it very hard to take them seriously.

Indeed, there are gobs of salmon and we wolf them down with abandon.

But the enviros have a clever way around that. They've managed to get the salmon in each stream classifed as a separate sub-species under the Endangered Species Act.

Which means, in this case, the only salmon that count are those that are migrating up the Sacramento.

As I understand it, the Sacramento run is at the limit of the salmon's range. And there were years when there was no run -- even before man got to the Bay.

They've gone so far with this watershed distinction crap that even minnows are considered uniquely native to their own individual watercourse. In Oklahoma, for example, we have the Cimarron Minnow -- which is considered "endangered". Meanwhile, it's cousin, just over the hill in the Salt Fork is not.


15 posted on 09/20/2011 10:50:25 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: SmithL

Y-you mean, people are more important than fish? But how will we afford to eat poached salmon, and get in the mood to find new ways to tax the rich?


16 posted on 09/20/2011 11:00:02 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: SmithL
You should read how this judge blasted the government witnesses. He all but called them liars.

Judge Curtails Salmon Plan, Rips Fed Scientists

The Court finds that Dr. XXXXXX' testimony, as it has been presented in this courtroom and now in her subsequent declaration, she may be a very reasonable person and she may be a good scientist, she may be honest, but she has not been honest with this Court. I find her to be incredible as a witness. I find her testimony to be that of a zealot. And I'm not overstating the case, I'm not being histrionic, I'm not being dramatic. I've never seen anything like it. ...

I'm going to start with Mr. XXXXX, and I'm going to go issue by issue, point by point. Because, candidly, I'm going to be making a finding in this case of agency bad faith. There is simply no justification. There can be no acceptance by a court of the United States of the conduct that has been engaged in in this case by these witnesses. And I am going to make a very clear and explicit record to support that finding of agency bad faith because, candidly, the only inference that the Court can draw is that it is an attempt to mislead and to deceive the Court into accepting what is not only not the best science, it's not science. There is speculation. There is primarily, mostly contradicted opinions that are presented that the Court not only finds no basis for, but they can't be anything but false because a witness can't testify under oath on a witness stand and then, within approximately a month, make statements that are so contradictory that they're absolutely irreconcilable with what has been stated earlier. ...

Now let's go to Dr. XXXXX As I said, I believe, in my findings, Dr. XXXXX is that unique witness who no matter how you change the facts hypothetically and ask her a question, she never varies from her answer because she is a true believer. And she never -- there is nothing that will shake her belief. There is nothing that will move her to an answer except that justifies the result and the end that is sought to be achieved.

The judge lays his case out, point by point, showing inconsistencies, etc. It's an incredible transcript.

17 posted on 09/20/2011 11:02:24 PM PDT by Cboldt
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To: SmithL
"Some of (the National Marine Fisheries Service's) analyses rely upon equivocal or bad science..."

I'm shocked!
Shocked! I tell you


18 posted on 09/20/2011 11:15:52 PM PDT by csense
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To: Cboldt; SmithL

I certainly hope an BATF/DEA/EPA SWAT team doesn’t “mistakenly” raid his house, and “accidentally” miss his dog, and shoot him instead.


19 posted on 09/20/2011 11:40:16 PM PDT by ApplegateRanch ("Public service" does NOT mean servicing the people, like a bull among heifers.)
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To: Grey Eagle

That little fish (delta smelt) isn’t even native to the delta, it is an invasive species that was imported for bait many years ago.


20 posted on 09/21/2011 1:55:52 AM PDT by 5th MEB
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