Arnold, the amateur governor, claimed that California had a drought–that was a lie.

CA News & Views

“The practical effect of this action was to destroy a quarter-million acres of the most productive farmland in America and throw thousands of hard-working families into unemployment.”

Poor Arnold, he could not tell the difference between a judge decision and Mother nature–maybe that is why he ran a $165billion of deficits while Governor–he was an amateur.

Californians are fighting a big war over a little fish
By: Ron Arnold, Washington Examiner, 9/15/11

“California’s Central Valley was devastated in 2009 and 2010 by the deliberate cutoff and diversion of 200 billion gallons of water away from Central Valley agriculture to satisfy environmental edicts for salmon and the delta smelt.

“The practical effect of this action was to destroy a quarter-million acres of the most productive farmland in America and throw thousands of hard-working families into unemployment.”

That’s what Rep. Tom McClintock, R-Calif., said in June while leading a House Natural Resources Subcommittee on Water and Power hearing on a bill by Rep. Devin Nunes, R-Calif., to stop federal officials such as Interior Secretary Ken Salazar from creating any more horrific man-made droughts.

At stake is the water supply for 20 million people and the communities that depend on the San Joaquin Valley’s $23 billion agriculture industry. It’s an area where farming town Mendota is running 40 percent unemployment and food banks are getting carrots from China, which Mendota once supplied to China.

The delta smelt is a minnow-sized fish about 2 1/2 inches long that lives only in the delta of California’s Sacramento and San Joaquin rivers and is protected by the all-powerful Endangered Species Act. The water cutbacks purportedly help the fish survive, but victims think it’s a scam rigged by the “species cartel” of government scientists with vested interests in continued funding.

Eight years ago when the fuss was just starting, Karla Kay Edwards was executive director of the gigantic Fresno County Farm Bureau, whose members produced $7 billion worth of food annually.

Now with Americans for Prosperity in Oregon, she told me, “The smelt war was never about the fish. It was about money — agency funding — and who controlled the water.”

It wasn’t that way at first. The U.S. Fish and Wildlife Service said in 2005 that the water projects did not jeopardize the delta smelt. But Big Green environmental groups — the Natural Resources Defense Council and others — sued FWS and won. The water cutbacks began and the court ordered FWS to write a new “biological opinion” about the fish.

FWS released its new document concluding that the water projects do jeopardize the delta smelt and adversely modify its critical habitat. Instantly, affected water authorities, metropolitan water districts, family farm alliances and the Pacific Legal Foundation began a series of lawsuits against FWS and the U.S. Bureau of Reclamation. And the lavishly funded Big Green groups like the NRDC filed as intervenors for the government.

U.S. District Judge Oliver Wanger took the cases, and performed something like a legal miracle. Far from being intimidated by the scientific community and refusing to challenge agency science, he blasted them for error after error in harsh terms.

For once a judge condemned federal scientists for ignoring the part of the National Environmental Policy Act that protects humans. Wanger wrote, “FWS and Reclamation have not complied with NEPA. … The public policy underlying NEPA favors protecting the balance between humans and the environment.”

Wanger exposed the lack of proof typical in agency science: “How the appropriation of water is required for species survival is not explained.”

Wanger’s rulings in the cases could be summarized by this paragraph: “Federal defendants completely abdicated their responsibility to consider reasonable alternatives that would not only protect the species, but would also minimize the adverse impact on humans and the human environment. The result is the issuance and implementation of a one-sided, single purpose rule that inflicts drastic consequences on California water users, a situation NEPA prohibits.”

The feds and Big Green lost those cases, but appealed to the liberal 9th Circuit Court of Appeals, which overturned perhaps the only federal judge in America to see green agency science as the pack of pretenses, concealment and deliberate omissions it is.

The Pacific Legal Foundation is asking the U.S. Supreme Court to hear the water-users’ case and to rule the delta smelt regulations unconstitutional. The Supreme Court doesn’t accept many appeals, but PLF, godspeed!

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