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The Environmental Spectator
Farmers 1, Smelt 0 — For Now
Enviros favor the lives of two-inch fish over the livelihood of farmers. A federal judge has finally told them: Enough!
Nearly four years after environmentalists launched a campaign to kill farming in California’s huge Central Valley, ostensibly to save a two-inch fish, the Delta Smelt, a U.S. District Court judge has ruled that the federal government’s restrictions on farm water were “unworthy of the public trust.”
It began in March 2007 when a local environmental group persuaded a county judge to tell the State of California to either shut down the huge pumps that move northern water into the Central Valley or obtain permits to legally kill the “endangered” Delta Smelt (the plaintiffs claimed such large numbers of them were being sucked into the pumps that the species was threatened with extinction).
A survey by the Delta Smelt Working Group, a committee of scientists from three federal and two state agencies, blamed pesticide use for many of the smelt deaths, but reasoned that a reduction in southbound pumping would leave more water to flow toward San Francisco Bay, thus promoting restoration of the smelt.
Claiming that water pumped out of the Delta to the Central Valley was the cause of the smelt decline, the Natural Resources Defense Council and allied environmentalist groups in 2008 sued the federal government. The Bush Administration’s Department of the Interior then agreed to divert more than 150 billion gallons of water a year from the Central Valley to the San Joaquin River Delta in a vain effort to stop the decline of the smelt.
The federal government then asked the National Academy of Sciences to conduct a formal study. In March 2010 its report concluded that fish counting data were not fully reliable. The cautious scientists wrote, “At this time, the best that can be done is to design a strategy of pumping limitations that used the best available monitoring data and methods of statistical analysis to design an exploratory approach that would include enhanced field measurements to manage the pumping limitations adaptively while minimizing impacts on water users.” (My italics.)
The harsh pumping restrictions continued. By this summer it had been three years since the U.S. Fish and Wildlife Service had imposed a restriction on the system to divert an extra 81 billions gallons of water a year from the Central Valley system to flow out to the ocean.
The environmentalists that started it all seem to have achieved their objective: to drive down the production of the Central Valley so that it delivers less food to the nation. In the eyes of these warriors, the poverty of the valley’s citizens is simply collateral damage.
Federal Judge Oliver Wanger changed this with the stroke of his pen. Of the three-year “diversion” program which had deprived the Central Valley of one-third of its water, he wrote, “cutting water exports to California cities and farms is ‘arbitrary’ and ‘capricious.’”
During this water siege, some 85,000 very productive acres of almond and fruit trees and vegetables went out of production, millions of dollars of produce were not realized, dozens of farms were sold or foreclosed and unemployment rates in the area reached as high as 40 percent.
In the 36 years since the Endangered Species Act became law, not a single fish has been removed from its list. About this, California Rep. Devin Nunes wrote in a Wall Street Journal article, “Despite massive amounts of water diverted to help them, the smelt, sturgeon and salmon populations have continued to decline.”
Judge Wanger’s decision represented a victory for the plaintiffs, a group of Central Valley farmers represented by the Pacific Legal Foundation. Nevertheless, new battles await between the needs of large numbers of people and the status of various species. The U.S. Fish and Wildlife has been a dervish of activity lately, recently making Endangered Species Act decisions on more than 500 of them. It will likely find itself locked in a battle with long drought-stricken areas of the Southeast as it makes decisions on a list of fish, salamanders and turtles up for “threatened” or “endangered” designation. At the center of the battle will be water.
Speaking of water, while it begins to flow again into the Central Valley, the Fish & Wildlife Service is likely to appeal Judge Wanger’s decision. That would be heard by the Ninth Distrcit Court of Appeals, the nation’s most liberal, so the score isn’t quite final — yet.
About the Author
Peter Hannaford was closely associated for a number of years with the late President Reagan, beginning in the California Governor’s office. His latest book is Presidential Retreats.
Letter to the Editor View all comments (23) | Leave a comment
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JA| 11.7.11 @ 8:29AM
Why has the US Congress not changed the "environmental" laws to prohibit this intentional and willfull destruction food production?
Why has the US Congress not passed legislation overhauling the out-of-control EPA and other radical left wing "enviro" groups?
These enviro groups - basically a bunch of left wing communists and anarchists - are using existing laws to destroy the mfr. and agricultural capacity of the USA, and it is beyond comprehension that our criminally negligent Congress (many of whose members should be in jail !!) has not changed the laws to prohibit this environmental blackmail and extortion.
This is simply disgusting.
Heather Hamilton| 11.7.11 @ 8:29AM
I'm sorry, did the National Academy of Sciences conclude that fish counting data were not fully reliable? If that is the case then how can anyone say whether or not a fish species is in decline or in danger or over breeding?
Delta smelt or snakehead, as any thinking person can see, when man gets involved in wildlife management problems arise.
Lullabys, Legends and Lies| 11.7.11 @ 8:35AM
God Bless Federal Judge Oliver Wanger!! At least there's one last sane Judge sitting on the bench somewhere in America. Why do we have to answer to these Watermelons lunatics? A group of people who's ultimate plan, is to destroy humanity, because they hate people, and love fish (but not the same way you or I love fish). And being that I'm a person, I've always sided with people over the smelt fish every single time the argument has come up (it's never come up, yet). Here's my plan, we should invite all the Environmental lunatics to a free victory over humanity rally, right there in the Central Valley, and then once there all there, open up all the pumps and let the water flow back in again. I'm willing to bet, the smelt will survive this idea!! The old, kill two birds with one stone, if you will (can we still kill birds with stones?)!!
Storagesteve| 11.7.11 @ 2:06PM
No we can't use stones now we need to ise windmills
Flatulus Ancien| 11.7.11 @ 9:23AM
I hope that our new president, a Republican, will issue a Presidential edict that will put an end to the EPA's rule over the lives and property of the citizens.
The smelt will survive.
We can't have the Border Patrol driving vehicles through certain areas near the border because of some rat or beetle, and but the illegal immigrees can trample them without interference. Sheer stupidity.
I've read that 95% of all species that have inhabited this Earth are now extinct. It is not within Man's control.
Jerry| 11.7.11 @ 12:32PM
Flatulus my friend --- when you wish for a "Presidential edict" are you thinking about something that a dictator like Ghaddafi or Hussein might have used to rule in their countries? Maybe you don't understand that under our system of government Presidents don't issue edicts or make laws. That's the job of the 535 people that we send to Congress from time to time. And they, in their wisdom, created the EPA that you seem to dislike so much. And they also passed the Endangered Species Act which you and others in this conversation seem to have a problem with. And guess what? Both were signed into law by that socialist dude named Nixon.
Mike 3/505| 11.7.11 @ 3:10PM
But the regulations are written by the Departments. Those are under the direction of POTUS. Often, it's not so much the laws, as it is the regulations that cause the damage.
Regards,
Mike
Fredx| 11.7.11 @ 9:35AM
No, we kill birds with windmills. How can these idiots "protect" their stupid fish while thousands of birds are killed every year by their vega-matic windmills? We're supposed to look the other way and not notice what hypocrites they are? Of course there was never any intention of protecting a stupid bait fish, only to make humans more endangered. Stand by for declaring the smallpox virus and the TB bacteria to be endangered species. You may laugh, but stick around. They will stop at nothing.
GregM| 11.7.11 @ 9:49AM
I think the smelt is a red herring. The water continues to flow south so Los Angeles residents can fill their swimming pools, water their piece of desert, and flush their toilets. It's no surprise the Peripheral Canal was approved, despite the effects it would have on farming activites in the lower Central Valley. It would bypass all the farmers, and divert this water directly to LA.
Stormy| 11.7.11 @ 10:09AM
I don't get the why that environmentalists want to reduce food production. To what end do they want to starve people?
AhiaGuy| 11.7.11 @ 10:21AM
They hate the US, Stormy, and anything they can do to damage it is OK. People are just statistics to Socialists.
Al Adab| 11.7.11 @ 2:38PM
The question is who do the vegetarians think grows their food? The rest of us meat eaters can still shoot a deer or elk.
Dan Martin| 11.7.11 @ 10:21AM
It would be interesting to learn who has been buying foreclosed Central Valley farm land at distressed prices. Suddenly, this property will become very valuable.
Stephanie| 11.7.11 @ 1:30PM
This is a great example of why this once great State is going off the cliff very fast. And Boxer and Feinstein have not said a word in defense of the farmers and ranchers.
I truly believe that the environmentalists want the Central Valley to become a desert.
Nina| 11.7.11 @ 1:34PM
How's that song go - To everything there is a season....? Well, I believe animals, insects, etc all have their time on earth and then wooosh! disappear. That's just how it goes and to protect a fish over people is insane! So to all those who complain about not having a job, or food or money....hereyago!
During this water siege, some 85,000 very productive acres of almond and fruit trees and vegetables went out of production, millions of dollars of produce were not realized, dozens of farms were sold or foreclosed and unemployment rates in the area reached as high as 40 percent.
That paragraph says volumes! Glad to hear/see that not all the judges are idiots!
WKRP antics| 11.7.11 @ 1:50PM
This story is an excellent reminder for why I hate Fox News and, in specfic, Sean Hannity's nightly TV show.
Was it two years ago? More? Sean Hannity went out to this part of California and broadcast directly from the area. It was an outdoor broadcast in nice, California sunshine. He was surrounded throughout by cheering farmers, conservatives, and right-thinking folk. This was quintessential Americana: Good Americans being screwed by dopey liberals and their supporting casts in governments both local and Sacramento.
Hurrah for this. Kudos to Sean.
But...over 27 months on, I've never seen a foll0w-up story on his TV show. Never. Now, I have a life; I am not wed to the TV, certainly not to Fox.
So maybe I missed it?
But I watch often enough that I've thought, "Where is the follow-up? What occurred after Sean's 2-day stint in the California Central Valley? Surely there was some movement or results in all these months since, right? If the issue is still unresolved and ludicrous, where is the Sean Hannity California Central Valley Part II Broadcast?"
Silence.
Good journalism is indeed dead. Mr. Hannaford is good to revive this story and bring it to our attention. All of us in the USA depend on California's year-round produce potential. Yes, this is a national security issue. We cannot have lunatics destroying good farmers, healthy industry, and our ability to feed ourselves.
Why are stories so intensely presented on TV (or radio) for 60 - 72 hours then dumped forever after as if the big story never existed?
Of lesser importance (perhaps) but a good example: Still waiting on the Fox News Greta v. S. follow-up on the recently retired man mysteriously deceased and found in the Delaware dumpster.
Bob K.| 11.7.11 @ 9:30PM
They are following up on Herman Cain's latest Bimbo eruption, are they not?
Get your priorities in order!
jan| 11.7.11 @ 2:27PM
Hanity is worth about $ 20 mil. you think he cares a rats a$$ about the people in The valley, all he is after are ratings, it's all a facade.
RND| 11.7.11 @ 6:22PM
Yes, jan, I agree. Hannity's intense but overall short-lived "use" of blonde Carrie Prejean (the sort-of Miss California) comes to mind.
Ratings. Ratings that drive/earn the advertising money.
It sure is not about honest, consistent, factual, focused information for the people.
no name| 11.7.11 @ 4:54PM
Taking 85,000 acres of productive farm ground that produces food for our nation is the ONLY reason these morons shut off water to the valleys farmers. That just sending our jobs to foreign countries wern't enough. That allowing illegal alien invaders take jobs, swamp our schools and hospitals and welfare/foodstamp programs still wasn't enough, they decided that we must be forced to buy foreign raised farm produce. What a bunch of monkey crap for brain morons! Thank God there is one Judge that has clear vision and understanding.
Richard Baker| 11.7.11 @ 5:53PM
One would almost wonder if these environmental wackos would be happy if millions would starve to save the, get ready now, .....Planet.
doug brockman| 11.7.11 @ 9:18PM
Here's an idea. Don't worry about the smelt. I fully trust God to evolve a new even better smelt after we have passed from the scene.
D Roamer | 11.9.11 @ 12:12AM
Farm and ranch land, turned into a waste land. How long will it take to recover, such as almond trees, and other vegetation might take years to bring back. What a waste for what locals use that minnow for bait.