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Judge Wanger issues injunction against federal Delta smelt plan

Posted by: Aqua Blog Maven on June 1, 2009 at 3:29 pm

From Dan Bacher at IndyBay.org:

U.S. District Judge Oliver W. Wanger in Fresno has granted a preliminary injunction by corporate agribusiness against the U.S. Fish and Wildlife Service (USFWS) biological opinion for Delta smelt, a plan providing for increased protected for the imperiled fish.

The state and federal pumps will increase water exports to San Joaquin Valley growers unless USFWS can justify reduced pumping on a week by week basis, according to Bill Jennings, chairman of the California Sportfishing Protection Alliance.

The injunction takes place at a time when Delta smelt, an indicator species that demonstrates the health of the Sacramento-San Joaquin River Delta, has declined to its lowest ever population level, according to surveys by the Department of Fish and Game. The collapse of Delta smelt is paralleled by the dramatic decline of longfin smelt, threadfin shad, juvenile striped bass, green sturgeon and Central Valley Chinook salmon. The Delta smelt and other estuary fish populations have crashed because of increases in water exports, toxic chemicals and invasive species in recent years.

Westlands Water District and the San Luis Delta-Mendota Water Authority had filed suit against the USFWS Biological Opinion, alleging failure to comply with the National Environmental Policy Act (NEPA) and requested a preliminary injunction.

In issuing the injunction, Wanger agreed with the plaintiffs that the reduction of exports to their agricultural operations would result in “irreparable” economic and environmental harm.

“Plaintiffs have shown that irreparable harm will likely occur in the absence of injunctive relief, including loss of water supplies, damage to permanent crops, including orchards and vineyards, crop loss or reduction in crop productivity, job losses, reductions in public school enrollment, limitations on public services, impaired ability to reduce the toxic effects of salt and other minerals in the soil, groundwater overdraft,increased energy consumption, and land fallowing that causes air quality problems,” said Wanger.

Read more from Dan Bacher at IndyBay.org by clicking here.

June 1, 2009 · Filed Under Delta smelt, Judge Wanger delta smelt ruling

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