[env-trinity] PCL on Wanger Decision

Byron Leydecker bwl3 at comcast.net
Fri May 21 19:29:47 PDT 2010


 
<http://org2.democracyinaction.org/dia/track.jsp?v=2&c=yrWBXVzQdycOMjazSJqlW
v4S2SV%2BvRC3> The Planning and Conservation League

 

 

Judicial Opinion Threatens Salmon 

On Tuesday, U.S. District Judge Oliver Wanger issued
<http://org2.democracyinaction.org/dia/track.jsp?v=2&c=Hf4EmPXEZ7ViMQkVsx1bE
%2F4S2SV%2BvRC3>  an opinion stating that the National Marine Fisheries
Service (NMFS) protections for salmon in the Sacramento-San Joaquin Delta do
not "take the hard look required to achieve, to the maximum extent possible,
the co-equal Reclamation Law objective of providing water service." 

The opinion may presage an unfortunate blow for already-beleaguered
California salmon. The protections that provide anadromous fish with the
water they need are the best hope for California's wild salmon runs and the
commercial fishermen and communities whose lifestyles and livelihoods depend
on them.

The NMFS protections define when, and how much, water can be pumped from the
South Delta without driving endangered anadromous fish to extinction. They
were recently vetted by a panel from the National Academy of Sciences, who
found the protections "scientifically justified." 

In his opinion, Judge Wanger stated that the pumping restrictions had caused
"social disruption and dislocation, such as . increased unemployment leading
to hunger and homelessness," and that a temporary injunction might be
appropriate if it does not "further jeopardize the species or their
habitat."

This opinion was not a final ruling. The exporters continue to seek an
injunction on the federal biological opinions that protect the salmon. The
court will continue to hear arguments and make a final ruling. The next
<http://org2.democracyinaction.org/dia/track.jsp?v=2&c=O%2F4svacvMGGsKT0ElwO
hov4S2SV%2BvRC3>  hearing is scheduled for Tuesday, May 25th.  

 

Byron Leydecker, JcT

Chair, Friends of Trinity River

PO Box 2327

Mill Valley, CA 94942-2327

415 383 4810 land

415 519 4810 mobie

bwl3 at comcast.net 

http://www.fotr.org

 

 

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